In Re: Scott Luellen

U.S. Court of Appeals for the Fourth Circuit February 2, 2012

Opinion

No. 11-1992

Petitioner.

On Petition for Writ of Mandamus. (1:08-cr-00102-LO-1; 1:09-cv-00681-LO)

Submitted: January 31, 2012 Decided: February 2, 2012

Before NIEMEYER, KING, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Scott E. Luellen, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Scott E. Luellen petitions for a writ of mandamus,

alleging the district court has unduly delayed acting on his 28

U.S.C.A § 2255 (West Supp. 2011) motion. The district court has

now ruled on Luellen’s § 2255 motion. Thus, we find that

Luellen’s petition alleging delay is moot. Accordingly, we deny

the mandamus petition. We grant Luellen’s motions to file an

oversize brief and to proceed in forma pauperis, and deny his

motions for a transcript at Government expense, for a

certificate of appealability, to amend/correct his mandamus

petition, and to clarify. 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.