In Re: Veal v., No. 06-7537 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7537 In Re: JANISON VEAL, Petitioner. On Petition for Writ of Mandamus. (3:02-cr-00043-WCB-JE) Submitted: November 21, 2006 Decided: December 4, 2006 Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Janison Veal, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Janison Veal petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion filed pursuant to 28 U.S.C. § 2255 (2000). He seeks an order from this court directing the district court to act. Our review of the docket sheet reveals that the magistrate judge since has filed his report and recommendations, recommending that Veal s motion be denied. Accordingly, while we grant leave to proceed in forma pauperis, because the district court recently has acted in Veal s case, 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 - 2 -

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