UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6707

In Re: SHANNON SABB,

Petitioner.

On Petition for Writ of Mandamus. (9:06-cv-01943)

Submitted: October 24, 2007 Decided: November 6, 2007

Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Shannon Sabb, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Shannon Sabb petitions for a writ of mandamus, alleging

that the magistrate judge has unduly delayed acting on his

(2000) petition. He seeks an order from this court

directing the magistrate judge to act. Our review of the district

court docket report reveals that the magistrate judge has issued a

report and recommendation and that the district court has adopted

the magistrate judge’s recommendation and dismissed Sabb’s § 2254

petition. Accordingly, because Sabb has obtained the relief he

sought, we deny the mandamus petition as moot. We grant leave to

proceed in forma pauperis. 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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