In re: Kevin Lee Myers, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1396
In re: KEVIN LEE MYERS, JR.,
Petitioner.
On Petition for Writ of Mandamus. (1:17-cr-00018-LCB-1; 1:19-cv-00865-LCB-LPA)
Submitted: September 27, 2022 Decided: October 14, 2022
Before NIEMEYER and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Petition denied by unpublished per curiam opinion.
Kevin Lee Myers, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kevin Lee Myers, Jr., petitions for a writ of mandamus, alleging the district court
has unduly delayed acting on his 28 U.S.C. § 2255 motion. 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 recently issued a judgment accepting the magistrate judge’s
recommendation to deny in part and dismiss in part Myers’ § 2255 motion. United States v.
Myers, No. 1:17-cr-00018-LCB-1 (M.D.N.C. Sept. 8, 2022). Accordingly, because the
district court has acted in Myers’ 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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