UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6779
In Re: RICHARD ALLEN SMITH, JR.,
Petitioner.
On Petition for Writ of Mandamus.
(2:00-cr-00007-FPS; 2:04-cv-00050-FPS; 2:06-cv-00088-FPS)
Submitted: July 19, 2007 Decided: July 25, 2007
Before MOTZ and GREGORY, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Richard Allen Smith, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Richard Allen Smith, Jr. petitions for a writ of
mandamus, alleging the district court has unduly delayed acting on
his “application for a certificate of appealability.” 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 leave 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
- 2 -