UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-2126

In re: JAY L. THOMAS,

Petitioner.

On Petition for Writ of Mandamus. (8:13-cv-02167-DKC)

Submitted: November 21, 2013 Decided: November 25, 2013

Before KING, DUNCAN, and DIAZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Jay Thomas, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Jay L. Thomas petitions for a writ of mandamus,

alleging that the district court has unduly delayed acting on

his habeas 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 court has dismissed without

prejudice Thomas’ habeas petition. Accordingly, because the

district court has recently decided Thomas’ case, we deny the

mandamus petition as moot. We also grant leave to proceed in

forma pauperis and deny Thomas’ motion for temporary relief. 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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