In Re: Henriques

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2374

In Re: EWIN HENRIQUES,

Petitioner.

On Petition for Writ of Mandamus. (3:97-cv-00078-MR; 3:93-cr-00089-MR-1)

Submitted: March 30, 2010 Decided: April 2, 2010

Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Ewin Henriques, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Ewin Henriques petitions for a writ of mandamus,

alleging the district court has unduly delayed acting on his

Fed. R. Civ. P. 60(b) motion filed in his 28 U.S.C.A. § 2255

(West Supp. 2009) proceeding. He seeks an order from this court

directing the district court to act. Our review of the docket

sheet reveals that the district court denied the motion on

January 15, 2010. Accordingly, because the district court has

recently decided Henriques’s case, we deny the mandamus petition

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

Henriques’s motion for a certificate of appealability. 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