In re: David Stebbins

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 26-1398
In re: DAVID STEBBINS,
Petitioner.
On Petition for Writ of Mandamus to the United States District Court for the Southern
District of West Virginia, at Charleston. (2:24-cv-00140)
Submitted: May 21, 2026 Decided: May 27, 2026
Before AGEE and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
David A. Stebbins, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David Stebbins petitions for a writ of mandamus, alleging that the district court has
unduly delayed acting in the underlying copyright infringement action. 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 adopted the magistrate judge’s recommendation and
dismissed Stebbins’ action, without prejudice, subject to Stebbins paying the filing fee
within 30 days of the court’s order. Defendants have thus filed a motion to dismiss this
mandamus action as moot.*
Because the district court has recently decided Stebbins’ case, we grant Defendants’
motion and 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
* Defendants have also moved for this court to reconsider its order granting Stebbins
in forma pauperis status, and Stebbins has moved for the court to strike Defendants’ reply
brief in support of the motion to reconsider. We deny both motions as moot.

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