In re: Devonta Smith

U.S. Court of Appeals for the Fourth Circuit

In re: Devonta Smith

Opinion

USCA4 Appeal: 22-1589 Doc: 9 Filed: 12/14/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1589

In re: DEVONTA OZELL SMITH,

Petitioner.

On Petition for Writ of Mandamus. (5:18-cr-00054-FL-1; 5:21-cv-00157-FL)

Submitted: October 28, 2022 Decided: December 14, 2022

Before RUSHING, Circuit Judge, and MOTZ and FLOYD, Senior Circuit Judges.

Petition denied by unpublished per curiam opinion.

Devonta Ozell Smith, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1589 Doc: 9 Filed: 12/14/2022 Pg: 2 of 2

PER CURIAM:

Devonta Ozell Smith petitions for a writ of mandamus, alleging that the district

court has unduly delayed acting on his

28 U.S.C. § 2255

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 has denied Smith’s motion. Accordingly, because the district court

has recently decided Smith’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

2

Reference

Status
Unpublished