In re: Roger D. Burress

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-2456
In re: ROGER D. BURRESS,
Petitioner.
On Petition for Writ of Mandamus. (2:03-cr-00024-1)
Submitted: February 15, 2018 Decided: February 16, 2018
Before WILKINSON, FLOYD, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Roger D. Burress, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Roger D. Burress petitions for a writ of mandamus, alleging the district court has
unduly delayed acting on his pro se motion for resentencing under Johnson v. United
States, 135 S. Ct. 2551 (2015), and his authorized successive 28 U.S.C. § 2255 (2012)
motion seeking Johnson relief. Burress seeks an order from this court directing the district
court to act. Our review of the district court’s docket reveals that the district court granted
Burress’ successive § 2255 motion by order entered January 19, 2018, denied his pro se
motion as moot, reduced his terms of imprisonment and supervised release, and ordered
him subject to immediate release. Burress was released from imprisonment on January 22,
2018. Accordingly, because the district court has recently decided Burress’ case, we deny
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 this court and argument would not aid the decisional process.
PETITION DENIED

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