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78 F. App'x 290

In Re: Etienne v.

U.S. Courts of Appeals

Decided October 21, 2003

U.S. Courts of Appeals · decided 2003-10-21

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Decided 2003-10-21

PER CURIAM.

¶1 Keslet Etienne petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2241 (2000) motion filed in July 2002. He seeks an order from this court directing the district court to act. Our review of the docket sheet reveals that the district court dismissed Etienne’s motion without prejudice on September 5, 2003. Accordingly, although we grant leave to proceed in forma pauperis, we deny Etienne’s mandamus petition as moot because the district court has recently decided Etienne’s case. 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 DENIED.

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