UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7803

IN Re: DAVID FIELDS,

Petitioner.

On Petition for Writ of Mandamus (Nos. 9:02-cv-03708; 9:95-cr-194)

Submitted: December 14, 2006 Decided: December 22, 2006

Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

David Fields, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

David Fields petitions for a writ of mandamus, alleging

the district court has unduly delayed acting on his

(2000) motion. He seeks an order from this court directing

the district court to act. We find there has been no undue delay

in the district court as the court has now ruled on the merits of

the case. See In re: Fields, No. 9:02-cv-3708 (D.S.C. Nov. 6,

2006). Accordingly, we grant Fields’ motion 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

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