UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6459
In Re: RODNEY EUGENE SMITH,
Petitioner.
On Petition for Writ of Mandamus. (1:01-cr-00007)
Submitted: July 27, 2007 Decided: August 9, 2007
Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Rodney Eugene Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rodney Eugene Smith petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his motion
for relief from a void judgement. 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 -