In Re: Irby

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-1128

In Re: JAMES ALLEN IRBY, III,

Petitioner.

On Petition for Writ of Mandamus. (8:03-cr-00490-DKC-1; 8:07-cv-01186-DKC)

Submitted: March 31, 2011 Decided: April 6, 2011

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

James Allen Irby, III, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

James Allen Irby, III, petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. 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, on February 18, 2011, denied Irby’s § 2255 motion.

Accordingly, because the district court has recently decided

Irby’s case, we deny the mandamus petition as moot. We grant

leave to proceed in forma pauperis. 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