The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7754
In Re: JIMMY O’NEAL BROWN,
Petitioner.
On Petition for Writ of Mandamus. (CA-01-410; CR-98-189)
Submitted: February 27, 2004 Decided: May 26, 2004
Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jimmy O’Neal Brown, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jimmy O’Neal Brown has filed a petition for writ of
mandamus seeking an order directing the district court to rule on
his motion to retest drug-related evidence. After filing his
retest motion, Brown filed a 28 U.S.C. § 2255 (2000) motion,
reiterating his retest claims and raising several others. Because
Brown can seek the relief he desires in his § 2255 proceeding,
which is still pending in district court, mandamus relief is not
warranted. See In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135,
138 (4th Cir. 1988) (holding that mandamus relief is precluded if
there are other adequate remedies). We grant Brown’s motion to
proceed in forma pauperis and deny the petition for writ of
mandamus. 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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