UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-1394

In re: KYLE BUNCH, Petitioner.

On Petition for Writ of Mandamus. (No. 5:12-hc-02267-D)

Submitted: July 25, 2013 Decided: July 29, 2013

Before GREGORY, DAVIS, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Kyle Bunch, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Kyle Bunch petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2254 (2006) petition. 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 dismissed Bunch’s petition as frivolous on March 29, 2013. Accordingly, because the district court has recently decided Bunch’s case, 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