UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7080
In Re: CLAYTON W. KIRKPATRICK,
Petitioner.
On Petition for Writ of Mandamus. (CA-00-466-1-3-MU)
Submitted: September 5, 2002 Decided: September 11, 2002
Before MOTZ, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Clayton W. Kirkpatrick, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Clayton W. Kirkpatrick has filed a petition for a writ of
mandamus, asking this court to direct the district court to rule on
his 28 U.S.C. § 2254 (2000) petition based on undue delay. Although
we find that mandamus relief is not warranted because the delay is
not unreasonable, we deny Kirkpatrick’s petition for a writ of
mandamus without prejudice to his ability to file a new petition
for mandamus relief if the district court does not act
expeditiously. We grant leave to proceed in forma pauperis. 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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