UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2056
In re: RODNEY K. JUSTIN,
Petitioner.
On Petition for a Writ of Mandamus. (1:09-cr-00066-JAB-1)
Submitted: September 21, 2012 Decided: November 8, 2012
Before WILKINSON, NIEMEYER, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Rodney K. Justin, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rodney K. Justin petitions for a writ of mandamus,
requesting that this court order several attorneys involved in
his trial and direct appeal to turn over to Justin certain legal
records, and seeking that the district court be directed to give
Justin access to various transcripts and to equitably toll the
limitations period applicable to his anticipated 28 U.S.C.A.
§ 2255 (West Supp. 2012) motion.
Our review of the district court’s docket reveals that
Justin has requested identical relief from the district court.
Moreover, the district court in August 2012 referred each of
Justin’s pending motions to a magistrate judge for resolution.
Because it is clear that Justin may obtain relief in an
alternate venue and that the district court has not unreasonably
delayed in its adjudication of Justin’s assertions, mandamus
relief is inappropriate in this case. Kerr v. United States
Dist. Court, 426 U.S. 394, 402 (1976); United States v.
Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003).
Accordingly, although we grant Justin leave to proceed
in forma pauperis, we deny his petition for 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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