In Re Felix v. ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7245
In Re: DANIEL E. FELIX,
Petitioner.
On Petition for Writ of Mandamus. (CA-02-46-AM)
Submitted: January 21, 2004 Decided: February 13, 2004
Before WILKINS, Chief Judge, and MOTZ and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Daniel E. Felix, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Daniel E. Felix petitions this court for mandamus relief,
alleging that the district court has unduly delayed acting on his
habeas corpus petition, 28 U.S.C. § 2254 (2000). He also complains
of judicial bias.
Since the filing of this petition, the district court has
entered a final judgment order in the underlying case.
Consequently, respondent has moved to dismiss the mandamus
petition. We grant the motion to dismiss the petition as moot
because the district court has completed its consideration of the
habeas petition and judicial disqualification at this time would
serve no purpose in furtherance of Felix’s claim. Felix may,
however, choose to raise the latter issue in seeking an appeal from
this court.
Accordingly, we grant Respondent’s motion to dismiss and
deny the petition for mandamus as moot. We grant Felix leave to
proceed in forma pauperis and deny his motion for injunction. 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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