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54 F. App'x 169

In Re: Gallo v.

U.S. Courts of Appeals

Decided January 8, 2003

U.S. Courts of Appeals · decided 2003-01-08

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

Decided 2003-01-08

PER CURIAM.

¶1 Peter Andrew Gallo 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. The district court entered an order denying relief on Gallo’s § 2255 motion on December 11, 2002. Accordingly, because the district court has recently decided Gallo’s case, we dismiss the mandamus petition as moot. We grant leave 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.

¶2 PETITION DISMISSED.

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