UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7761
In Re: DEREK MARQUIS FLEMING,
Petitioner.
On Petition for Writ of Mandamus. (CA-97-660-5)
Submitted: December 20, 2001 Decided: January 9, 2002
Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Derek Marquis Fleming, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Derek Marquis Fleming petitions this court for a writ of
mandamus to compel the district court to order a response to his
motion filed under Fed. R. Civ. P. 60(b), or, in the alternative,
to act on his motion, which he filed on April 18, 2001. Mandamus
is a drastic remedy, only to be granted in extraordinary circum-
stances, In re Beard, 811 F.2d 818, 826 (4th Cir. 1987), and we
find there has been no undue delay by the district court.
Accordingly, although we grant leave to proceed in forma pauperis,
we deny Fleming’s petition for writ of mandamus without prejudice
to his right to refile if the district court fails to act expe-
ditiously on his Rule 60(b) motion. 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
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