In re: Raymond Douglas Massenburg, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1293
In Re: RAYMOND DOUGLAS MASSENBURG, JR.,
Petitioner.
On Petition for Writ of Mandamus. (3:97-cr-00003-REP-1)
Submitted: August 18, 2009 Decided: September 8, 2009
Before NIEMEYER, KING, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Raymond Douglas Massenburg, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Raymond Douglas Massenburg, Jr., petitions for a writ
of mandamus, alleging the district court has unduly delayed
acting on his Fed. R. Civ. P. 60(b) motion for reconsideration.
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

-- 2 of 2 --