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43 F. App'x 666

In Re: McClelland v.

U.S. Courts of Appeals

Decided August 22, 2002

U.S. Courts of Appeals · decided 2002-08-22

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Dismissed by unpublished PER CURIAM opinion · Decided 2002-08-22

PER CURIAM.

¶1 Stephen E. McClelland has filed in this court a petition for a writ of mandamus, seeking to compel the district court to order the state to respond to his objections to the magistrate judge’s recommendation regarding his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2002). Because the district court has disposed of *667 McClelland’s § 2254 petition, we deny his motion to proceed in forma pauperis and dismiss 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.

¶2 DISMISSED.

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