In re: Bernard Middleton, a/k/a Cass

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1124
In Re: BERNARD MIDDLETON, a/k/a Cass,
Petitioner.
On Petition for Writ of Mandamus.
(1:92-cr-00348-CMH-3)
Submitted: May 6, 2014 Decided: May 15, 2014
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Bernard Middleton, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Bernard Middleton petitions for a writ of mandamus,
alleging that the district court has unduly delayed ruling on
two post-judgment motions. He seeks an order from this court
directing the district court to act. We conclude that there has
been no undue delay in the district court. Therefore, although
we grant leave to proceed in forma pauperis, we deny the
mandamus petition without prejudice to Middleton’s right to file
another petition if the district court does not act
expeditiously on the pending post-judgment motions. We also
deny his motion to remove district judge and 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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