UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7247
In Re: MARION EDWARD PEARSON, JR.,
Movant.
On Petition for Writ of Mandamus
(1:06-cv-00069)
Submitted: September 26, 2006 Decided: October 3, 2006
Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Marion Edward Pearson, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Marion Edward Pearson, Jr., petitions for a writ of
mandamus, alleging the district court has unduly delayed acting on
two motions that he filed in his 28 U.S.C. § 2254 (2000)
proceeding. He seeks an order from this court directing the
district court to act. As to the first motion, Pearson’s motion to
strike, we note that the district court denied the motion on July
24, 2006. We therefore deny this portion of the mandamus petition
as moot. As to the second motion, Pearson’s motion for judgment on
the pleadings, we find there has been no undue delay in the
district court. Accordingly, although we grant Pearson’s motion
for leave to proceed in forma pauperis, we deny the mandamus
petition. 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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In Re: Pearson v.
Combined Opinion