In re: Johnson v.

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 02-6330

In Re: WILLIAM MARK JOHNSON,

Petitioner.

On Petition for Writ of Mandamus. (CA-99-14)

Submitted: April 22, 2002 Decided: May 1, 2002

Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

William Mark Johnson, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

On February 22, 2002, William Mark Johnson filed a petition

for a writ of mandamus asking this court to direct the district

court to enter a ruling in his 28 U.S.C.A. § 2254 (West 1994 &

Supp. 2001) petition filed in November 1998 and transferred to the

United States District Court for the Northern District of West

Virginia on February 22, 1999. Although little action occurred in

the months following the transfer of the § 2254 petition, the

district court issued an order on March 13, 2002, treating the

respondent’s motion to dismiss as a motion for summary judgment and

ordering Johnson to respond in thirty days. Because of this recent

activity, we find no unreasonable delay at present. Thus, mandamus

relief is not warranted. Accordingly, although we grant Johnson’s

motion to proceed on appeal in forma pauperis, we deny his petition

for a writ of mandamus. 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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