UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6550
In Re: MARTELL WHITAKER,
Petitioner.
On Petition for Writ of Mandamus.
(CR-98-1016-DWS)
Submitted: August 12, 2005 Decided: September 30, 2005
Before NIEMEYER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition granted by unpublished per curiam opinion.
Martell Whitaker, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Martell Whitaker petitions for writ of mandamus, seeking
an order directing the district court to rule on a pending 18
U.S.C. § 3582(c)(2) (2000) motion. The district court has taken no
action with respect to the motion, which Whitaker filed in July
2001.
In accordance with an order from this court, the
Government responded to the petition, opposing granting relief. We
find the Government’s argument unpersuasive.
We conclude that Whitaker has established a clear and
indisputable right to expeditious treatment of his § 3582(c)(2)
motion and that no other adequate remedy is available. Therefore,
we find that he is entitled to a writ of mandamus. See Allied
Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980); In re Beard,
811 F.2d 818, 826 (4th Cir. 1987).
Accordingly, we grant leave to proceed in forma pauperis
and grant the petition for writ of mandamus. The district court is
ordered to act on case No. CR-98-1016-DWS within sixty days of the
date of this opinion. 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 GRANTED
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