UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1524
In Re: GREGG BRAXTON,
Petitioner.
On Petition for Writ of Mandamus.
(3:08-cr-00187-HEH-1; 3:10-cv-00738-HEH)
Submitted: August 28, 2012 Decided: September 28, 2012
Before WILKINSON, KING, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Gregg Braxton, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gregg Braxton petitions for a writ of mandamus,
alleging that the district court has unduly delayed acting on
his 28 U.S.C.A. § 2255 (West Supp. 2012) motion. He seeks an
order from this court directing the district court to act. We
find that mandamus relief is not warranted because the delay is
not unreasonable, as the district court has acted on the motion
since Braxton filed this petition and the case is proceeding in
the district court. 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
2