In re: Damron

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1867

In re: MARK DAMRON,

Petitioner.

On Petition for a Writ of Mandamus. (3:09-cv-00098)

Submitted: September 28, 2010 Decided: October 1, 2010

Before WILKINSON, SHEDD, and DAVIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Mark Damron, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Mark Damron petitions for a writ of mandamus, alleging

the district court has unduly delayed acting on certain motions

in his 28 U.S.C. § 2254 (2006) petition for a writ of habeas

corpus proceeding. He seeks an order from this court directing

the district court to act. Our review of the district court’s

docket reveals that the district court denied his motions and

dismissed his § 2254 case. Accordingly, because the district

court has recently decided Damron’s case, we deny the mandamus

petition as moot. We grant leave to proceed in forma pauperis.

We deny Damron’s motions for appointment of counsel and for

evidentiary hearing. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

PETITION DENIED