Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

Norman Tyrone Dais petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2255 (2000) motion. He seeks an order from this court directing the district court to act. Our review of the docket sheet reveals that the district court recently has acted in Dais’ case and the case is proceeding. Accordingly, although we grant leave to proceed in forma pauperis, we deny the mandamus petition. We also deny as interlocutory Dais’ motion to vacate the district court’s order of January 4, 2008. 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.