In Re: Iris Allen v.

U.S. Court of Appeals for the Fourth Circuit

In Re: Iris Allen v.

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-1843

In Re: IRIS F. ALLEN,

Petitioner.

On Petition for Writ of Mandamus. (3:09-cr-00355-HEH-1)

Submitted: October 30, 2013 Decided: November 21, 2013

Before MOTZ, DIAZ, and FLOYD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Iris F. Allen, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Iris F. Allen petitions this court for a writ

mandamus, alleging that the district court unduly delayed acting

on her

28 U.S.C.A. § 2255

(West Supp. 2013) motion to vacate.

She seeks an order from this court directing the district court

to act. Because the district court entered an order denying

Allen’s § 2255 motion on August 28, 2013, we deny the mandamus

petition as moot. ∗ We grant Allen 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

∗ Issues raised in Allen’s Addendum, filed after the August 28 decision, are more properly considered on direct appeal. We note that Allen’s direct appeal, pending in this court as No. 13-7607, is not yet ripe for disposition.

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Reference

Status
Unpublished