UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1413

In Re: MARION EDWARD PEARSON, JR.,

Petitioner.

On Petition for Writ of Mandamus. (1:06-cv-00069)

Submitted: November 19, 2008 Decided: December 22, 2008

Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Marion Edward Pearson, Jr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Marion Edward Pearson, Jr., petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his

(2000) petition. 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 denied

Pearson’s § 2254 petition. Accordingly, because the district

court has decided Pearson’s case, 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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