In Re: Bennie Mack, Jr. v.

U.S. Court of Appeals for the Fourth Circuit January 13, 2015

Opinion

No. 14-1696

Petitioner.

On Petition for Writ of Mandamus. (1:08-cr-00267-WO-1; 1:13-cv-00175-WO)

Submitted: January 8, 2015 Decided: January 13, 2015

Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Bennie A. Mack, Jr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Bennie A. Mack, Jr. petitions for a writ of mandamus,

alleging the magistrate judge has unduly delayed acting on his

28 U.S.C. § 2255

(2012) motion. He seeks an order from this

court directing the magistrate judge to act. Our review of the

district court’s docket reveals that the magistrate judge has

issued a recommendation that Mack’s § 2255 motion be denied.

Accordingly, because the magistrate judge has recently acted in

Mack’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.