In re: Thomas Franklin

U.S. Court of Appeals for the Fourth Circuit

In re: Thomas Franklin

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-1408

In re: THOMAS LAGENE FRANKLIN,

Petitioner.

On Petition for Writ of Mandamus. (3:06-cr-00007-RJC-1)

Submitted: August 10, 2018 Decided: August 20, 2018

Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Thomas Lagene Franklin, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Thomas Lagene Franklin petitions for a writ of mandamus, alleging that the

district court has unduly delayed acting on his authorized, successive

28 U.S.C. § 2255

(2012) motion. Franklin seeks an order from this court directing the district court to act.

Our review of the district court’s docket reveals that, by order and judgment entered on

June 22, 2018, the district court denied Franklin’s § 2255 motion. Accordingly, because

the district court recently decided Franklin’s motion, we deny the mandamus petition as

moot. We grant Franklin 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

2

Reference

Status
Unpublished