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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-8012
In Re: TIMOTHY B. BURNHAM,
Petitioner.
On Petition for Writ of Mandamus.
(CA-04-210-3; CR-01-11)
Submitted: April 1, 2005 Decided: April 25, 2005
Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Timothy B. Burnham, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Timothy B. Burnham petitions for writ of mandamus,
alleging the district court has unduly delayed acting on his 28
U.S.C. § 2255 (2000) motion. 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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