In Re: Bates v.

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 05-7203

In Re: KENNETH W. BATES,

Petitioner.

On Petition for Writ of Mandamus.
(CR-00-508)

Submitted: November 22, 2005 Decided: December 7, 2005

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Kenneth W. Bates, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

Kenneth W. Bates petitions for writ of mandamus, alleging

the district court has unduly delayed acting on his motion filed

under 18 U.S.C.A. § 3582 (West 2000 & Supp. 2005) and Fed. R. Crim.

P. 35(b). He seeks an order from this court directing the district

court to act. We find there has been no undue delay in the

district court. Accordingly, although we grant permission to

proceed in forma pauperis, we deny the mandamus petition. 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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