Opinion
No. 07-4684.
Submitted: October 24, 2007.
Decided: November 2, 2007.
On Petition for Writ of Mandamus. (1:93-cr-00022-BEL).
Rayford Knight, Petitioner Pro Se.
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Rayford Knight petitions for a writ of mandamus, alleging the district court has unduly delayed acting on an October 2007 motion filed in his criminal case. He seeks an order from this court directing the district court to act. Our review of the district court docket sheet reveals that the district court denied the motion in April 2007. Accordingly, because the district court has already acted on Knight's motion, we deny the mandamus petition as moot. We grant Knight's motion to proceed in forma pauperis. 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.
Although Knight characterizes his district court pleading as a motion for release from illegal imprisonment, our review of the district court docket sheet reveals that the only motion filed by Knight in October 2007 was a motion for return of property and that there is no motion for release pending in the district court.
PETITION DENIED.