UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2264
In Re: HENRY MCKINLEY SCOTT, JR.,
Petitioner.
On Petition for Writ of Mandamus. (2:10-cv-00061-HCM-FBS)
Submitted: January 10, 2011 Decided: February 8, 2011
Before KING, SHEDD, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Henry McKinley Scott, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Henry McKinley Scott, Jr., petitions for a writ of
mandamus, alleging the district court has unduly delayed acting
on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2010) petition. 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. This ruling is without
prejudice to Scott’s right to file another mandamus petition in
the future should there be future undue delay in the district
court’s handling of Scott’s § 2241 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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