Categories: Fourth Circuit Court of Appeals Opinions

IN RE SMITH, 294 Fed.Appx. 791 (4th Cir. 2008)

In re: Noah SMITH, III, Petitioner.

No. 07-2147.United States Court of Appeals, Fourth Circuit.Submitted: September 9, 2008.
Decided: September 26, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On Petition for Writ of Mandamus. (4:05-cv-02903-TLW).

Noah Smith, III, Petitioner Pro Se.

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Petition denied as moot by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Noah Smith, III, petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2255 (2000) motion. He seeks an order from this court directing the district court

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to act. Our review of the docket sheet reveals that Smith voluntarily withdrew his § 2255 motion on August 22, 2008. Accordingly, 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 the court and argument would not aid the decisional process.

PETITION DENIED AS MOOT.

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