UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7064
In Re: DONALD LEE TAYLOR, JR.,
Petitioner.
On Petition for Writ of Mandamus. (CA-01-629-5)
Submitted: August 15, 2002 Decided: August 26, 2002
Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Donald Lee Taylor, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Donald Lee Taylor, Jr., filed a petition for a writ of
mandamus alleging undue delay in the district court. Taylor filed
a habeas corpus petition pursuant to 28 U.S.C. § 2254 (West 2000)
on July 18, 2001. The action was returned to a magistrate judge on
January 11, 2002.
The writ of mandamus is a drastic remedy and should only be
granted in those extraordinary situations when no other remedy is
available. In re: Beard, 811 F.2d 818, 826 (4th Cir. 1987). Because
the matter has been pending before a magistrate judge for just over
six months, we find that there has been no undue delay in
processing Taylor’s petition. We therefore deny the petition for
mandamus relief without prejudice to Taylor’s right to refile if
the district court does not act forthwith. We grant Taylor’s motion
to proceed in forma pauperis in this court.
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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