In re: Pete Smith, a/k/a Pete Noble Muhammad, a/k/a Jose

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6188
In Re: PETE SMITH, a/k/a Pete Noble Muhammad,
a/k/a Jose,
Petitioner.
On Petition for Writ of Mandamus. (CR-93-117)
Submitted: March 31, 2004 Decided: April 19, 2004
Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Pete Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Pete Smith petitions for a writ of mandamus, alleging the
district court has unduly delayed acting on his motion under Fed.
R. Civ. P. 60(b). He seeks an order from this Court directing the
district court to act. Although we find that mandamus relief is
not warranted because the delay is not unreasonable, we deny the
mandamus petition without prejudice to the filing of another
mandamus petition if the district court does not act expeditiously.
We grant leave to proceed in forma pauperis. 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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