UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2139

In Re: ROBERT EDWARD TILLERY,

Petitioner.

On Petition for Writ of Mandamus. (5:01-cr-00253-BO-1)

Submitted: December 17, 2009 Decided: December 23, 2009

Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Robert Edward Tillery, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Robert Edward Tillery petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his motion for a reduction of sentence under

(c)(2) (2006). He seeks an order from this court

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

sheet and record reveals that the district court denied

Tillery’s motion by order entered on November 1, 2009.

Accordingly, because the district court has recently decided

Tillery’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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