In re: Ashford James Simmons

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-1348
In re: ASHFORD JAMES SIMMONS,
Petitioner.
On Petition for Writ of Mandamus to the United States District Court for the District of
South Carolina, at Greenville. (6:15-cr-00695-TMC-1)
Submitted: May 21, 2024 Decided: August 28, 2024
Before WYNN, Circuit Judge, and KEENAN and FLOYD, Senior Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ashford James Simmons, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ashford James Simmons petitions for a writ of mandamus, alleging that the district
court has unduly delayed acting on his original and supplemental 28 U.S.C. § 2255
motions. He 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 entered an order on
April 26, 2024, denying Simmons’ original § 2255 motion and dismissing his
supplemental § 2255 motion as untimely. Accordingly, because the district court has
recently decided Simmons’ case, we deny the mandamus petition as moot. 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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