¶1 Unpublished opinions are not binding precedent in this circuit.
¶2 Janison Veal petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion filed pursuant to 28 U.S.C. § 2255 (2000). He seeks an order from this court directing the district court to act. Our review of the docket sheet reveals that the magistrate judge since has filed his report and recommendations, recommending that Veal’s motion be denied. Accordingly, while we grant leave to proceed in forma pauperis, because the district court recently has acted in Veal’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 the court and argument would not aid the decisional process.
¶3 PETITION DENIED.