UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-2105

In Re: LUIS HERNANDEZ-ESPINOZA, a/k/a Raphael Lopez, a/k/a Rafael Lopez,

Petitioner.

On Petition for Writ of Mandamus. (7:09-cr-00112-D-1)

Submitted: February 16, 2012 Decided: February 22, 2012

Before SHEDD, KEENAN, and WYNN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Luis Hernandez-Espinoza, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Luis Hernandez-Espinoza petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his Fed. R. Crim. P. 41(e) motion and his motion to recall

the mandate. He seeks an order from this court directing the

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

docket reveals that the district court entered an order denying

both of these motions on January 4, 2012. Accordingly, because

the district court has recently decided Hernandez-Espinoza’s

motions, 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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