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In re Terry Donnell JOHNSON, a/k/a Little Terry, Petitioner

United States Court of Appeals for the Fourth Circuit2016-04-13No. No. 15-2167
645 F. App'x 233

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Opinion

majority opinion

Petition dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Terry Johnson petitions this court for a writ of mandamus, seeking an order directing the district court to rule on a motion to reopen his 28 U.S.C. § 2255 (2012) motion. District court records disclose that Johnson’s motion was construed as a separate § 2255 motion to which the court assigned a different docket number (No. 3:15-cv-466-RJC). In an order entered on October 8,2015, the court observed that the second § 2255 motion was successive and unauthorized, construed the motion as a 28 U.S.C. § 2241 (2012) motion, and transferred the matter to the Middle District of Florida, where Johnson is incarcerated.

Because the district court has acted on Johnson’s motion to reopen, we deny leave to proceed in forma pauperis and dismiss the mandamus petition as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before us and argument would not aid the decisional process.

PETITION DISMISSED.