UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1815

In Re: CLEVELAND MCLEAN, JR.,

Petitioner.

On Petition for Writ of Mandamus. (2:90-cr-00105; 2:08-cv-00588)

Submitted: February 10, 2011 Decided: February 16, 2011

Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Cleveland McLean, Jr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Cleveland McLean, Jr., petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his

(2006) motion. He seeks an order from

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

the district court’s docket reveals that, on September 13, 2010,

the district court denied McLean’s § 3582 motion. Accordingly,

because the district court has recently decided McLean’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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