In re: Randy Cooper, No. 11-2136 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-2136 In re: RANDY COOPER, Petitioner. On Petition for Writ of Mandamus. (3:10-cv-01119) Submitted: December 15, 2011 Decided: December 19, 2011 Before GREGORY, SHEDD, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Randy Cooper, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Randy Cooper petitions for a writ of mandamus, requesting this court to compel the district court to act on his 28 U.S.C. § 2254 his subsequently mandamus and motion To the extent Cooper alleges undue delay in the ruling 2254 petition, reflects no such delay. the district for filed relief. § of and for his writ petition petition on a (2006) court s injunctive docket sheet With respect to the petition for a writ of mandamus and motion for injunctive relief, the magistrate judge recently construed the relief requested as a separate civil action under 42 U.S.C. § 1983 (2006) and transferred the matter to the United States District for the Northern District of West Virginia. We therefore deny as moot Cooper s request for mandamus relief as to those motions. we grant leave to mandamus petition. facts and materials legal before proceed in forma Accordingly, although pauperis, we deny the We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. PETITION DENIED 2

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