UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2298
In re: CLEVELAND NELSON, a/k/a Cleve, a/k/a Fat Daddy,
Petitioner.
On Petition for Writ of Mandamus. (No. 3:94-cr-00057-H-2)
Submitted: February 25, 2014 Decided: March 6, 2014
Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Cleveland Nelson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cleveland Nelson petitions for a writ of mandamus,
seeking a ruling by the district court on his 18 U.S.C.
§ 3582(c)(2) (2012) motion. Although unreasonable delay in the
district court may be a reason to grant mandamus relief, see
Johnson v. Rogers, 917 F.2d 1283, 1285 (10th Cir. 1990), the
district court’s docket sheets reflects that the court issued an
order on February 4, 2014, granting the motion of the Office of
the Public Defender to withdraw from its representation of
Nelson and permitting Nelson to proceed pro se. Because there
has been recent, significant action in the district court, we
conclude that Nelson is not entitled to the relief sought.
Accordingly, while we grant leave to proceed in forma pauperis,
we deny the petition for a writ of mandamus. 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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