UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1287

In Re: HERBERT COUNCIL,

Petitioner.

On Petition for Writ of Mandamus. (3:92-cr-00097-GCM-20)

Submitted: September 29, 2009 Decided: December 9, 2009

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

Petition denied by unpublished per curiam opinion.

Herbert Council, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Herbert Council petitions for a writ of mandamus based

on undue delay by the district court in acting upon his motion

for reduction of sentence,

(2006). Our review

of the district court’s docket reveals that the district court

entered a final order on March 3, 2009, denying Council’s § 3582

motion. In light of the court’s action, we deny as moot

Council’s petition for writ of mandamus. We grant Council’s

motion to proceed in forma pauperis and 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

2