UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-1859

In Re: MARVIN HAROLD WITHERSPOON,

Petitioner.

On Petition for Writ of Mandamus. (5:04-cr-00005-RLV-DCK-1; 5:07-cv-00021-RLV; 5:10-cv-00076-RLV)

Submitted: November 19, 2012 Decided: November 28, 2012

Before NIEMEYER, AGEE, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Marvin Harold Witherspoon, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Marvin Harold Witherspoon petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his motion for relief under Fed. R. Civ. P. 60(b) and his

request to supplement his motion under

(West

Supp. 2012). He seeks an order from this court directing the

district court to act on the motions. Our review of the

district court’s docket reveals that the district court entered

an order on August 16, 2012 that resolves the pending motions in

this closed case. Accordingly, because the district court has

recently addressed Witherspoon’s motions, we deny the mandamus

petition as moot. 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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