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04-7858•In re: Andrew Menichino
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7858
IN RE: ANDREW MENICHINO,
Petitioner.
On Petition for Writ of Mandamus.
(CA-04-1476)
Submitted: February 24, 2005 Decided: March 9, 2005
Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Andrew Menichino, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Andrew Menichino petitions for writ of mandamus, alleging
the district court has unduly delayed acting on a petition that he
filed pursuant to 28 U.S.C. § 2241 (2000). 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 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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