In re: Clifton Dwight Lee, a/k/a Lite

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1595
In Re: CLIFTON DWIGHT LEE, a/k/a Lite,
Petitioner.
On Petition for Writ of Mandamus.
(7:08-cr-00041-GEC; 7:10-cv-80270-GEC)
Submitted: July 19, 2012 Decided: August 15, 2012
Before SHEDD, DUNCAN, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Clifton Dwight Lee, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Clifton Dwight Lee petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his 28
U.S.C.A. § 2255 (West Supp. 2012) motion. He seeks an order
from this court vacating the criminal judgment against him,
directing the district court to act on his § 2255 motion, or
compelling the district judge to recuse himself from Lee’s
habeas action. We find there has been no undue delay in the
district court and that Lee is otherwise not entitled to the
mandamus relief he seeks. Accordingly, although we grant Lee’s
application to proceed in forma pauperis and grant Lee’s request
to withdraw his motion to place his mandamus petition in
abeyance, we deny the mandamus petition. 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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