Unpublished opinions are not binding precedent in this circuit.

Douglas Leigh Fauconier petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his civil action. 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 has recently granted Fauconier’s application to proceed in for-ma pauperis and ordered the Defendants to file a response to his complaint. Accordingly, because the district court has recently acted in Fauconier’s case, we deny the mandamus petition as moot. 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