Henry Lee Smeltzer filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2254 (2000) petition. The district court ruled on the petition by order entered on January 26, 2006. Accordingly, the mandamus petition is now moot. Therefore, although we grant Smeltzer’s motion to proceed in forma pauperis, we deny as moot the petition for mandamus relief. 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.