UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7249
In Re: ANGELO MCCOY,
Petitioner.
On Petition for a Writ of Mandamus. (CR-00-195-MJG)
Submitted: April 14, 2004 Decided: May 25, 2004
Before WIDENER, WILLIAMS, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Angelo McCoy, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Angelo McCoy petitions for a writ of mandamus, alleging
the district court has unduly delayed acting on his motion for
return of property, which was filed on September 6, 2002.* He
seeks an order from this court directing the district court to act.
We find that mandamus relief is not warranted at this time because
the district court has recently ordered the Government to respond
to the petition, which should lead to resolution of the motion.
Accordingly, although we grant McCoy’s motion to proceed in forma
pauperis, we deny the mandamus petition without prejudice to the
filing of another mandamus petition if the district court does not
act seasonably. 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
*
The Government did not receive a copy of the petition when it
was filed in the district court.
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