In re: Chavius Barber

U.S. Court of Appeals for the Fourth Circuit February 28, 2013

Opinion

No. 12-2404

Petitioner.

On Petition for Writ of Mandamus. (3:11-cv-00243-FDW)

Submitted: February 26, 2013 Decided: February 28, 2013

Before MOTZ, WYNN, and DIAZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Chavius Marquette Barber, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Chavius Marquette Barber petitions for a writ of

mandamus, alleging that the district court has unduly delayed in

ruling on his motion to file a successive 28 U.S.C.A § 2255

(West Supp. 2012) motion and his motion to appoint counsel. He

seeks an order from this court directing the district court to

act. On November 26, 2012, the district court entered an order

denying Barber’s motion to file a successive § 2255 motion and

granting his motion to appoint counsel. Accordingly, because

the district court has ruled on Barber’s motions, 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.