UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7669
In Re: SAMUEL DEWITT MCCOTTER,
Petitioner.
On Petition for Writ of Mandamus. (CR-90-27)
Submitted: February 27, 2004 Decided: March 17, 2004
Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Samuel DeWitt McCotter, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Samuel DeWitt McCotter petitions this court for a writ of
mandamus to compel the district court to rule on his pending
petition for a writ of error coram nobis. The granting of a writ
of mandamus is a drastic remedy to be used in extraordinary
circumstances. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
McCotter’s petition does not set forth exceptional circumstances as
would warrant the issuance of a writ of mandamus at this time. We
note, however, that no significant action has been taken in the
district court for over nine months.
Accordingly, we deny McCotter’s mandamus petition without
prejudice to his refiling it should the district court fail to act
within a reasonable time. We grant McCotter’s application 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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