UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1574
In Re: CECIL EDWARD JACKSON,
Petitioner.
On Petition for Writ of Mandamus. (3:97-cv-00261-GCM)
Submitted: September 16, 2008 Decided: October 10, 2008
Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Cecil Edward Jackson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cecil Edward Jackson petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his
“motion for relief from order granting dismissal without prejudice
pursuant to Fed. R. Civ. P. 59(e) and/or Rule 60,” filed in
November 2007. He seeks an order from this court directing the
district court to act. Although we find that mandamus relief is
not warranted because the delay is not unreasonable, we deny the
mandamus petition without prejudice to the filing of another
mandamus petition if the district court does not act expeditiously.
We grant leave to proceed in forma pauperis. 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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