USCA4 Appeal: 24-1348 Doc: 7 Filed: 08/28/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1348

In re: ASHFORD JAMES SIMMONS,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the District of South Carolina, at Greenville. (6:15-cr-00695-TMC-1)

Submitted: May 21, 2024 Decided: August 28, 2024

Before WYNN, Circuit Judge, and KEENAN and FLOYD, Senior Circuit Judges.

Petition denied by unpublished per curiam opinion.

Ashford James Simmons, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-1348 Doc: 7 Filed: 08/28/2024 Pg: 2 of 2

PER CURIAM:

Ashford James Simmons petitions for a writ of mandamus, alleging that the district

court has unduly delayed acting on his original and supplemental

motions. 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 entered an order on

April 26, 2024, denying Simmons’ original § 2255 motion and dismissing his

supplemental § 2255 motion as untimely. Accordingly, because the district court has

recently decided Simmons’ 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

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