UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2058

In Re: NYRON JOEL NICHOLS,

Petitioner.

On Petition for Writ of Mandamus. (7:07-cr-00006)

Submitted: November 19, 2009 Decided: December 1, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Nyron Joel Nichols, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Nyron Joel Nichols petitions for a writ of mandamus,

alleging the district court has unduly delayed acting on his

notice of appeal. He seeks an order from this court directing

the district court to act. Our review of the district court

docket sheet reveals that the district court found that his

notice of appeal was timely filed and directed the Clerk to

process the notice in the usual manner. In view of this order

by the district court, 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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