In re: Carl E. Lockhart

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6695
In Re: CARL E. LOCKHART,
Petitioner.
On Petition for Writ of Mandamus. (CA-01-152-5)
Submitted: July 12, 2002 Decided: July 22, 2002
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Carl E. Lockhart, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Carl E. Lockhart petitions this court for a writ of mandamus
directing the district court to rule on his 28 U.S.C. § 2241 (1994)
petition, asserting the district court has unreasonably delayed
action on his petition. Mandamus is a drastic remedy to be used
only in extraordinary circumstances, and Lockhart’s petition does
not establish extraordinary circumstances warranting mandamus
relief. Kerr v. United States Dist. Court, 426 U.S. 394, 402
(1976). Moreover, our review of the district court docket sheet
discloses that there has been significant action in this case in
the past six months and therefore, there has been no undue delay in
the consideration of Lockhart’s petition. Accordingly, we deny
Lockhart’s 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

-- 2 of 2 --