Ronald W. Shepherd petitions for a writ of mandamus, alleging the district has unduly delayed acting on his 28 U.S.C. § 2241 (2000) application for a writ of habeas corpus filed May 21, 2001. He seeks an order from this court directing the district court to act. Although the district court had not taken significant action for more than twelve months at the time the petition was filed, our review of the district court’s docket sheet discloses that the magistrate judge issued a report and recommendation on March 25, 2003. Accordingly, because there has been recent significant action in this case we deny the 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.