In re: Jimmy O’neal Brown

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6015
In Re: JIMMY O’NEAL BROWN,
Petitioner.
On Petition for Writ of Mandamus.
(CR-98-189, CA-01-410)
Submitted: April 18, 2002 Decided: April 30, 2002
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jimmy O’Neal Brown, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
On January 7, 2002, Jimmy O. Brown filed this petition for a
writ of mandamus seeking an order directing the district court to
rule on his motion to retest drug-related evidence. Although
Brown’s retest motion was initially filed on October 6, 2000, Brown
has since filed a 28 U.S.C.A. § 2255 (West Supp. 2001) motion
reiterating this claim and raising several others. The magistrate
judge entered a report and recommendation on July 24, 2001, and
following several more filings by Brown (including a pro se motion
to compel judgment on his motion for a retest), the case was again
referred to the magistrate judge on January 14, 2002. Because the
district court has recently acted in the case, we find no
unreasonable delay. Accordingly, we grant Brown’s motion to
supplement his petition and deny the petition for a writ of
mandamus. 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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