In re: Richard Allen Smith, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7075
In Re: RICHARD ALLEN SMITH, JR.,
Petitioner.
On Petition for Writ of Mandamus
(No. 2:00-cr-00007-FPS; 2:04-cv-00050-FPS)
Submitted: September 26, 2006 Decided: October 3, 2006
Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Richard Allen Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Richard Allen Smith, Jr., petitions for a writ of
mandamus, alleging the district court has unduly delayed acting on
two motions for relief pursuant to Fed. R. Civ. P. 60. 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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