UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6847
In Re: JERMAINE JERRELL SIMS, a/k/a Justice,
a/k/a Jus,
Petitioner.
On Petition for Writ of Mandamus. (CR-98-45)
Submitted: July 18, 2002 Decided: July 25, 2002
Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jermaine Jerrell Sims, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jermaine J. Sims petitions this court for a writ of mandamus.
He asks this court to direct the district court to rule on his
Motion to Modify Terms of Imprisonment, which has been pending in
the district court since May 15, 2002. Writs of mandamus are
extraordinary writs, and the power to issue is sparingly exercised.
See Kerr v. United States Dist. Ct., 426 U.S. 394, 402 (1976); In
re Beard, 811 F.2d 818, 826-27 (4th Cir. 1987). Sims’ petition does
not set forth exceptional circumstances to warrant the issuance of
a writ of mandamus at this time. Accordingly, although we grant
Sims’ motion for leave to proceed in forma pauperis, we deny Sims’
petition without prejudice to his refiling it if the district court
fails to act within a reasonable time. 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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