UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6314
In Re: DONNIE ROBIN SIMPSON,
Petitioner.
On Petition for Writ of Mandamus. (CR-94-192-MU)
Submitted: June 13, 2002 Decided: June 18, 2002
Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Donnie Robin Simpson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
On February 15, 2002, Donnie Robin Simpson filed a petition
for a writ of mandamus asking this court to direct the district
court to enter a ruling in his motion for downward departure filed
on May 2, 2001. On May 22, 2001, the district court ordered the
Government to respond to the motion. The Government responded on
August 15, 2001. Although we find that mandamus relief is not
warranted because the delay is not unreasonable, we deny the
petition without prejudice to Simpson’s right to refile if the
district court does not act expeditiously. We also deny Simpson’s
motion to proceed on appeal in forma pauperis and 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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