UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2356
In Re: DENNIS MILLER,
Petitioner.
On Petition for Writ of Mandamus.
(4:09-cr-01272-RBH-8; 4:11-cv-03376-RBH)
Submitted: November 14, 2012 Decided: November 28, 2012
Before NIEMEYER, KING, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Dennis Miller, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dennis Miller petitions for a writ of mandamus,
alleging that the district court has unduly delayed in
scheduling a resentencing hearing following its grant of relief
under 28 U.S.C.A. § 2255 (West Supp. 2012). 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, we grant leave to proceed in forma pauperis
and deny the mandamus petition. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
PETITION DENIED
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