In Re: Jackson v.

Court: Court of Appeals for the Fourth Circuit
Date filed: 2008-10-10
Citations: 295 F. App'x 582
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PER CURIAM:

Cecil Edward Jackson petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his “motion for relief from order granting dismissal without prejudice pursuant to Fed. R.Civ.P. 59(e) and/or Rule 60,” filed in November 2007. He seeks an order from this court directing the district court to act. Although we find that mandamus relief is not warranted because the delay is not unreasonable, we deny the mandamus petition without prejudice to the filing of another mandamus petition if the district court does not act expeditiously. 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.