UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6818

In Re: ALVON ALLEN THOMAS,

Petitioner.

On Petition for Writ of Mandamus. (6:97-cr-00118-NCT; 1:06-cv-00032-NCT)

Submitted: September 26, 2007 Decided: October 9, 2007

Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Alvon Allen Thomas, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Alvon Allen Thomas petitions for a writ of mandamus,

alleging the district court has unduly delayed acting on his motion

filed in the district court. He seeks an order from this court

directing the government to file a response in the district court

or directing the district court to act. Our review of the docket

sheet reveals that the district court dismissed Thomas’ motion as

a second or successive

(2000) motion for which

authorization from this court had not been granted. See

(2000). Accordingly, because the district court has

recently decided Thomas’ case, we deny the mandamus petition as

moot. We grant leave to proceed in forma pauperis and we deny

Thomas’ motion for immediate release. 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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