In re: Shawn Newton

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1720
In Re: SHAWN NEWTON,
Petitioner.
On Petition for Writ of Mandamus. (5:09-ct-03002-H)
Submitted: October 20, 2009 Decided: October 23, 2009
Before TRAXLER, Chief Judge, NIEMEYER, Circuit Judge, and
HAMILTON, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Shawn Newton, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Shawn Newton petitions for a writ of mandamus,
alleging that the district court has unduly delayed acting on
his 28 U.S.C. § 2241 (2006) motion. The case number Newton
references in his mandamus petition, however, corresponds to one
of his pending civil rights complaints, rather than a § 2241
petition. We construe Newton’s mandamus petition as seeking an
order from this court directing the district court to act on the
pending civil rights complaint and we find that mandamus relief
is not warranted because the delay is not unreasonable.
Therefore, 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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