Full text
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1440
In re: DAVID MICHAEL PERSONS,
Petitioner.
On Petition for Writ of Mandamus. (3:11-cr-00011-1;
3:15-cv-00339)
Submitted: September 29, 2016 Decided: October 3, 2016
Before SHEDD, KEENAN, and HARRIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David Michael Persons, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
-- 1 of 2 --
2
PER CURIAM:
David Michael Persons petitions for a writ of mandamus,
alleging that the district court has unduly delayed in ruling on
his 28 U.S.C. § 2255 (2012) motion. He seeks an order from this
court directing the district court to act. We find the present
record does not reveal undue delay in the district court.
Accordingly, we grant leave to proceed in forma pauperis and
deny the mandamus petition without prejudice to Persons’ right
to file another petition if the district court does not act
expeditiously on his pending motion. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
PETITION DENIED
-- 2 of 2 --
