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32 F. App'x 69

In Re: Tidwell v.

U.S. Courts of Appeals

Decided April 1, 2002

This page is marked noindex.

U.S. Courts of Appeals · decided 2002-04-01

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Dismissed by unpublished PER CURIAM opinion · Decided 2002-04-01

PER CURIAM.

¶1 Donald Eugene Tidwell filed a petition for a writ of mandamus seeking to have this court issue an order directing the district court to act on his 28 U.S.C.A. § 2255 (West Supp.2001) motion. At the time Tidwell filed his petition, the district court had taken no significant action in this case for over four years. We directed *70 the United States to respond to the mandamus petition. In reply, the United States informed us that the district court was prepared to file its final order. We have since received a copy of the order. Tidwell therefore has received the relief he sought through his mandamus petition. Accordingly, we deny the motion for leave to proceed in forma pauperis and dismiss the petition as moot. We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before the court and argument would not significantly aid the decisional process.

¶2 DISMISSED.

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