In re: Derek Marquis Fleming

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1424
In Re: DEREK MARQUIS FLEMING,
Petitioner.
On Petition for Writ of Mandamus. (2:91-cr-00179-NCT)
Submitted: June 3, 2010 Decided: June 14, 2010
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Derek Marquis Fleming, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Derek Marquis Fleming petitions for a writ of
mandamus, alleging the district court has unduly delayed acting
on his motion for reconsideration of the court’s prior order
denying his motion to correct judgment. 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 deny Fleming’s motion to expedite
as moot 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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