In Re: Spinnato v. ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7377
In Re: SALVATORE SPINNATO,
Petitioner.
On Petition for Writ of Mandamus. (1:02-cv-04213-JFM)
Submitted: December 20, 2007 Decided: December 28, 2007
Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Salvatore Spinnato, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Salvatore Spinnato petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his motion
to reopen his habeas petition. He seeks an order from this court
directing the district court to act. The district court has
recently ruled on the motion to reopen. Spinnato v. Galley, No.
1:02-cv-04213-JFM (D. Md. Nov. 15, 2007). Accordingly, although we
grant leave to proceed in forma pauperis, we deny the mandamus
petition as moot.* 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
*
To the extent Spinnato seeks to challenge the district
court’s order, a mandamus petition may not serve as a substitute
for an appeal. See In re United Steelworkers, 595 F.2d 958, 960
(4th Cir. 1979).
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