Elizabeth Marie Rushing Floyd petitions for a writ of mandamus, alleging the district court has unduly delayed acting on her motion filed on October 25, 2002, pursuant to 28 U.S.C. § 2255 (2000). She seeks an order from this court directing the district court to act upon the motion. Our review of the record reveals the district court considered and denied Floyd’s § 2255 motion by order entered December 11, 2002. Accordingly, we deny as moot the mandamus petition. 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.