In re: Jose Humberto Diaz v. ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1688
In re: JOSE HUMBERTO DIAZ, a/k/a Humberto Diaz,
Petitioner.
On Petition for Writ Of Mandamus.
(7:09-cr-00100-D-3; 7:11-cv-00043-D)
Submitted: July 18, 2013 Decided: July 22, 2013
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jose Humberto Diaz, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jose Humberto Diaz petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his 28
U.S.C.A. § 2255 (West Supp. 2013) 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
denied relief on the § 2255 motion on June 3, 2013.
Accordingly, because the district court has recently decided
Diaz’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 this court and argument would
not aid the decisional process.
PETITION DENIED
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