UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6399
In Re: OWEN ODMAN,
Petitioner.
On Petition for Writ of Mandamus. (CA-04-44-1)
Submitted: June 17, 2005 Decided: July 7, 2005
Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Owen Odman, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Owen Odman petitions for writ of mandamus, alleging the
district court has unduly delayed acting on his 28 U.S.C. § 2255
(2000) motion. He seeks an order from this court directing the
district court to act. Because the district court has acted in the
case as recently as July 12, 2004, we find there has been no undue
delay in the district court. Although we find that mandamus relief
is not warranted, we deny the mandamus petition without prejudice
to the filing of another mandamus petition 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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