UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2236
In Re: WENDY B. DAUBERMAN,
Petitioner.
On Petition for Writ of Mandamus. (3:07-cr-00040-HEH-2)
Submitted: April 6, 2011 Decided: April 14, 2011
Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Wendy B. Dauberman, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Wendy B. Dauberman has petitioned this court for a
writ of mandamus. In her petition, Dauberman asserts that the
Government has refused to respond to her 28 U.S.C.A. § 2255
(West Supp. 2010) motion and asks that this court order the
district court to rule on her “unopposed” § 2255 motion. The
writ of mandamus is a drastic remedy and should be granted only
in those extraordinary situations when no other remedy is
available. In re: Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Our review of the district court’s docket reveals that the
Government filed its response to Dauberman’s § 2255 motion on
August 20, 2010, and thus Dauberman’s motion has been ripe for
the district court’s consideration for less than eight months.
Accordingly, we conclude that there has been no undue delay in
processing Dauberman’s motion and therefore deny the petition
for mandamus relief without prejudice to Dauberman’s right to
refile if the district court does not act expeditiously. 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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