In Re: DeBardeleben v. , 134 F. App'x 638 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6341
In Re: JAMES M. DEBARDELEBEN,
Petitioner.
On Petition for Writ of Mandamus. (CR-83-50)
Submitted: June 8, 2005 Decided: June 21, 2005
Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
James M. DeBardeleben, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James M. DeBardeleben petitions for a writ of mandamus,
alleging the district court has improperly refused to file his 28
U.S.C. § 2255 (2000) motion. He seeks an order from this court
directing the district court to file his motion. Our review of the
docket sheet reveals that the district court filed DeBardeleben’s
motion and issued a final order dismissing the motion as
successive. DeBardeleben v. United States, No. 3:05-cv-00176
(W.D.N.C. Apr. 28, 2005). Accordingly, because the district court
has taken the action DeBardeleben seeks, 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
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