IN RE: Raymond Garfield BUTLER (2018)

United States Court of Appeals, Fourth Circuit.

IN RE: Raymond Garfield BUTLER, Petitioner.

No. 17-2460

Decided: September 11, 2018

Before WILKINSON and DUNCAN, Circuit Judges, and SHEDD, Senior Circuit Judge. Raymond Garfield Butler, Petitioner Pro Se.

Raymond Garfield Butler petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his Fed. R. Civ. P. 60(b) 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 ruled on the Rule 60(b) motion. Accordingly, because the district court has recently decided Butler’s case, we deny the mandamus petition as moot. We deny Butler’s motion for appointment of counsel as moot and grant 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

PER CURIAM:

Petition denied by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.