In Re: McClelland

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1298

In Re: ANTHONY D. MCCLELLAND, a/k/a Ant,

Petitioner.

On Petition for Writ of Mandamus. (5:05-cr-00009-RLV-DCK-13)

Submitted: June 1, 2010 Decided: June 10, 2010

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Anthony D. McClelland, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Anthony D. McClelland petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his motion filed pursuant to 18 U.S.C. § 3582(c)(2) (2006).

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 has denied McClelland’s § 3582 motion.

Accordingly, because the district court has recently decided

McClelland’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