In Re: Thomas v. ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6818
In Re: ALVON ALLEN THOMAS,
Petitioner.
On Petition for Writ of Mandamus.
(6:97-cr-00118-NCT; 1:06-cv-00032-NCT)
Submitted: September 26, 2007 Decided: October 9, 2007
Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Alvon Allen Thomas, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alvon Allen Thomas petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his motion
filed in the district court. He seeks an order from this court
directing the government to file a response in the district court
or directing the district court to act. Our review of the docket
sheet reveals that the district court dismissed Thomas’ motion as
a second or successive 28 U.S.C. § 2255 (2000) motion for which
authorization from this court had not been granted. See 28 U.S.C.
§ 2244 (2000). Accordingly, because the district court has
recently decided Thomas’ case, we deny the mandamus petition as
moot. We grant leave to proceed in forma pauperis and we deny
Thomas’ motion for immediate release. 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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