UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-1375

In re: HARRY CHARITY, III,

Petitioner.

On Petition for Writ of Mandamus. (1:06-cr-00175-CMH-1; 1:13-cv-00736-CMH)

Submitted: October 26, 2016 Decided: November 7, 2016

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Harry Charity, III, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Harry Charity, III, petitions for a writ of mandamus,

alleging that the district court has unduly delayed acting on

his

(2012) motion. He seeks an order from this

court directing the district court to act. Our review of the

district court’s docket reveals that the district court ruled on

the § 2255 motion, denying it and declining to grant a

certificate of appealability. Accordingly, because the district

court has recently decided Charity’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.

PETITION DENIED

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