UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1644

In Re: TERRENCE MAURICE WHITAKER,

Petitioner.

On Petition for Writ of Mandamus. (1:08-cv-00702-TDS-DPD)

Submitted: October 21, 2009 Decided: November 16, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Terrence Maurice Whitaker, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Terrence Maurice Whitaker petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his

(2006) habeas corpus petition. He seeks

an order from this court directing the district court to act.

Our review of the district court’s docket sheet reveals that the

district court entered a final order and judgment granting

summary judgment in favor of the respondent, dismissing the

petition, and denying a certificate of appealability on

September 30, 2009. Accordingly, because the district court has

recently decided Whitaker’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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