UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1955
In re: RANDOLPH HARRIS AUSTIN, a/k/a Randolph Harris,
a/k/a Matarbus Raynard Fewell,
Petitioner.
On Petition for a Writ of Mandamus.
(3:05-cr-00213-RJC-DCK-1; 3:11-cv-00040-RJC)
Submitted: November 2, 2012 Decided: November 8, 2012
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randolph Harris Austin, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Randolph Harris Austin petitions for a writ of
mandamus, alleging 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 the present record does not reveal undue delay in the
district court. Accordingly, while we grant leave to proceed in
forma pauperis, we deny the mandamus petition. We deny Austin’s
request to reassign his case to a different district court
judge. 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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