In Re: Marcus Dukes

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

Opinion

No. 12-2320

Petitioner.

On Petition for Writ of Mandamus. (8:03-cr-00133-RWT-1; 8:09-cv-00135-RWT)

Submitted: February 20, 2013 Decided: February 28, 2013

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Marcus D. Dukes, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Marcus D. Dukes petitions for a writ of mandamus,

alleging the district court has unduly delayed acting on his

“Motion for Relief from Order and to Reopen Judgment Pursuant to

Rule 60(b).” He seeks an order from this court directing the

district court to act. The district court entered an order

denying Dukes’ motion on January 31, 2013. Accordingly, because

the district court has recently decided Dukes’ motion, 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.