UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-1962

In re: MICHAEL SCOTT MCRAE,

Petitioner.

On Petition for Writ of Mandamus. (No. 5:97-cr-00094-H-6)

Submitted: November 20, 2012 Decided: November 26, 2012

Before TRAXLER, Chief Judge, and SHEDD and FLOYD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Michael Scott McRae, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Michael Scott McRae, a federal prisoner, petitions for

a writ of mandamus, alleging that the district court has unduly

delayed acting on his January 26, 1998 motion to dismiss the

indictment then pending against him. 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

denied McRae’s motion by order entered February 13, 1998.

Accordingly, because the district court has ruled on McRae’s

motion, we deny the mandamus petition and the amended mandamus

petition as moot. We grant leave to proceed in forma pauperis

and deny McRae’s motion seeking leave to file out of time in the

district court. 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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