In Re: Smith v.

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6032

In Re: RODNEY EUGENE SMITH,

Petitioner.

On Petition for Writ of Mandamus. (1:01-cr-00007)

Submitted: August 6, 2007 Decided: August 17, 2007

Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Rodney Eugene Smith, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Rodney Eugene Smith petitions for a writ of mandamus,

alleging the district court has unduly delayed acting on his

petition to vacate his conviction. He seeks an order from this

court directing the district court to enter a default judgment.

Our review of the docket sheet reveals that the district court

denied Smith’s petition in an order entered on July 25, 2007.

Accordingly, because the district court has recently decided

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

Smith’s motion to proceed in forma pauperis, but deny his

“Emergency Motion and Memorandum of Law for Speedy Resolution Due

to Health Reasons and Violations of Constitutional and Statutory

Laws,” his motion for default judgment, and his “Motion to Modify

Scheduling Order Pursuant to Fed. R. Civ. P. 16(b) for

Extraordinary Circumstances.” 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

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