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364 F. App'x 813

In re Whitaker

U.S. Courts of Appeals

Decided February 9, 2010

U.S. Courts of Appeals · decided 2010-02-09

Decided 2010-02-09

¶1Petition denied by unpublished PER CURIAM opinion.

¶2Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3Martell Whitaker petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on a Fed. *814R.Civ.P. 60(b) motion. He seeks an order from this court directing the district court to act.

¶4Our review of the district court’s docket sheet reveals that the district court issued a final opinion and order denying Whitaker’s motion on December 21, 2009. Accordingly, because Whitaker has received the relief he sought, we deny the mandamus petition as moot. We grant leave to proceed in forma pauperis and 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.

¶5PETITION DENIED.

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