In re: Stanley Lorenzo Williams

00-7650Court of Appeals for the Fourth Circuit25.01.2001

Gesamter Gesetzestext

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7650
In Re: STANLEY LORENZO WILLIAMS,
Petitioner.
On Petition for Writ of Mandamus. (CA-00-326)
Submitted: January 18, 2001 Decided: January 25, 2001
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Stanley Lorenzo Williams, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Stanley Lorenzo Williams petitions for a writ of mandamus al-
leging undue delay by the district court in ruling on his pending
28 U.S.C.A. § 2254 (West 1994 & Supp. 2000) petition. A writ of
mandamus is a drastic remedy and should be granted only in those
extraordinary situations when no other remedy is available. See In
re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Because there has
been recent significant action in the district court, including the
referral to the magistrate judge of a motion for summary judgment,
we find that there has been no undue delay, and Williams is not
entitled to the relief he seeks. Accordingly, although we grant
Williams’ motion for leave to proceed in forma pauperis, we deny
mandamus relief. 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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