
    In Re: Jerry Wayne SHEPPARD, Petitioner.
    No. 07-6829.
    United States Court of Appeals, Fourth Circuit.
    Submitted: July 24, 2007.
    Decided: Aug. 1, 2007.
    Jerry Wayne Sheppard, Petitioner Pro Se.
    Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.
    Petition denied by unpublished PER CURIAM opinion.
    Unpublished opinions are not binding precedent in this circuit.
   PER CURIAM:

Jerry Wayne Sheppard petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2255 (2000) motion. He seeks an order from this court directing the district court to act. Because the record reveals that the district court dismissed the action by order entered on June 26, 2007, we find there has been no undue delay in the district court. Accordingly, although we grant leave to proceed in forma pauperis, 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 the court and argument would not aid the decisional process.

PETITION DENIED.  