Raymond Cherisson petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his Fed. R. 60(b) motion. He seeks an order from this court directing the district court to act. Our review of the docket sheet reveals that the district court entered an order denying Cherisson’s Rule 60(b) motion on November 5, 2002. Accordingly, because the district court has recently decided Cherissoris case, we grant leave to proceed in forma pauperis and 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.