Opinion

In re: Brown v.

Court
Court of Appeals for the Fourth Circuit
Filed
Apr 19, 1996
Status
Unpublished
Cited by
0 cases

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-8092

In Re: GERARD VALMORE BROWN,

Petitioner.

On Petition for Writ of Mandamus. (CR-93-281)

Submitted: November 28, 1995 Decided: April 19, 1996

Before NIEMEYER and MOTZ, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Gerard Valmore Brown, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Petitioner filed this petition for a writ of mandamus seeking

to have this court direct the district court to act on his motion

filed pursuant to 28 U.S.C. § 2255 (1988). The district court has

last acted in the § 2255 proceeding on September 8, 1995. Because

the district court has acted within six months of the filing of the

petition, we find no unreasonable delay. Therefore, while we grant

leave to proceed in forma pauperis, we deny the petition. We dis-

pense 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

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