UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7876
In Re: TERRY KERMIT JOHNSON,
Petitioner.
On Petition for Writ of Mandamus.
(CA-03-49-5)
Submitted: April 12, 2006 Decided: May 18, 2006
Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Terry Kermit Johnson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Terry Kermit Johnson 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. The last significant action
in the district court was the August 2005 denial of Johnson’s
motion to amend his § 2255 motion. Although we find that mandamus
relief is not warranted because the delay since the last
significant action is not unreasonable, we deny the mandamus
petition without prejudice to the filing of another mandamus
petition if the district court does not rule expeditiously on
Johnson’s § 2255 motion. We grant leave to proceed in forma
pauperis, and deny Johnson’s motion to expedite consideration of
this 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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