UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7264
In Re: KENARD E. JOHNSON,
Petitioner.
On Petition for Writ of Mandamus. (CA-02-189)
Submitted: September 19, 2002 Decided: October 2, 2002
Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Kenard E. Johnson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kenard E. Johnson filed a petition for a writ of mandamus
alleging undue delay in the district court. Johnson filed a habeas
corpus petition pursuant to 28 U.S.C. § 2241 (West 2000) on
March 5, 2002. The action was referred to a magistrate judge on
the same day.
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 Johnson’s petition. We therefore deny the petition for
mandamus relief without prejudice to Johnson’s right to refile if
the district court does not act expeditiously. We grant Johnson’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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