UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1146

In Re: SAMUEL DEWITT MCCOTTER,

Petitioner.

On Petition for Writ of Mandamus. (5:01-cv-00100-H; 4:90-cr-00027-BO)

Submitted: November 20, 2008 Decided: December 19, 2008

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

Petition denied by unpublished per curiam opinion.

Samuel DeWitt McCotter, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Samuel McCotter petitions for a writ of mandamus,

alleging that the district court has unduly delayed acting on

his motion for return of property. He seeks an order from this

court directing the district court to act. In response to an

order of this court, the district court filed a response

demonstrating that the district court denied the motion for

return of property in an order dated July 30, 2003, and filed on

August 1, 2003. Accordingly, because the district court has

ruled on the motion for return of property, we 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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