UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-2184

In Re: DENNIS MILLER,

Petitioner.

On Petition for Writ of Mandamus. (4:09-cr-01272-RBH-8; 4:11-cv-03376-RBH)

Submitted: November 14, 2012 Decided: November 28, 2012

Before NIEMEYER, KING, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Dennis Miller, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Dennis Miller petitions for a writ of mandamus,

alleging the district court has unduly delayed acting on his

(West Supp. 2012) 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 October 9, 2012,

the district court granted Miller’s § 2255 motion in part and

ordered that Miller be resentenced. Accordingly, because the

district court has recently ruled on the § 2255 motion, 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 this court and argument would not aid the

decisional process.

PETITION DENIED

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