¶1 Jerry Wayne Sheppard 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 to act. Because the record reveals that the district court dismissed the action by order entered on June 26, 2007, we find there has been no undue delay in the district court. Accordingly, although we grant leave to proceed in forma pauperis, 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 *110 the court and argument would not aid the decisional process.
¶2 PETITION DENIED.