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53 F. App'x 237

In Re: Whitmore v.

U.S. Courts of Appeals

Decided December 16, 2002

U.S. Courts of Appeals · decided 2002-12-16

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

Decided 2002-12-16

PER CURIAM.

¶1 Kedrie Lamar Whitmore filed a petition for a writ of mandamus alleging undue delay in the district court. Whitmore filed a habeas corpus petition in the district court, pursuant to 28 U.S.C. § 2254 (2000), on November 29, 2001. The district court ruled on the § 2254 petition on July 31, 2002, after Whitmore filed the mandamus petition. Accordingly, the mandamus petition is now moot. We therefore deny the petition for mandamus relief.

¶2 We grant Whitmore’s motion to proceed in forma pauperis. 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.

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