In re: Lorenzo Maurice Johnson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6920
In Re: LORENZO MAURICE JOHNSON,
Petitioner.
On Petition for Writ of Mandamus. (CA-01-846)
Submitted: August 29, 2002 Decided: September 6, 2002
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Lorenzo Maurice Johnson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Lorenzo Maurice Johnson petitions this court for a writ of
mandamus directing the district court to rule on his 28 U.S.C.
§ 2255 (2000) motion, asserting that the district court has
unreasonably delayed action on his motion. Mandamus is a drastic
remedy to be used only in extraordinary circumstances, and
Johnson’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’s
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 Johnson’s motion. Accordingly,
we deny Johnson’s motion to proceed in forma pauperis and his
motion 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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