In re: Kevin Myers, Jr. ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-2227
In re: KEVIN LEE MYERS, JR.,
Petitioner.
On Petition for Writ of Mandamus.
(1:19-cv-00865-LCB-LPA; 1:17-cr-00018-LCB-1)
Submitted: April 22, 2021 Decided: April 26, 2021
Before GREGORY, Chief Judge, AGEE, Circuit Judge, and TRAXLER, Senior Circuit
Judge.
Petition denied by unpublished per curiam opinion.
Kevin Lee Myers, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kevin Lee Myers, Jr., petitions for a writ of mandamus, alleging that the magistrate
judge is prejudiced against him and has unduly delayed in ruling on his 28 U.S.C. § 2255motion, and he seeks an order from this court directing the district court to act. Our review
of the district court’s docket reveals that the magistrate judge recently took significant
action on Myers’ motion. Moreover, we find that Myers’ unsubstantiated and conclusory
claim that the magistrate judge is prejudiced against him fails to establish that he is entitled
to the extraordinary remedy of mandamus relief. Accordingly, we deny the mandamus
petition. We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
PETITION DENIED
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