In Re Rollins , 81 F. App'x 790 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7398
In Re: FRANK ROLLINS,
Petitioner.
On Petition for Writ of Mandamus. (CA-03-3945-18-2)
Submitted: October 24, 2003 Decided: December 3, 2003
Before NIEMEYER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Frank Rollins, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Frank Rollins petitions for a writ of mandamus, asking this
Court to direct the district court to rule on his 28 U.S.C. § 2255(2000) motion and related motions. Mandamus is a drastic remedy to
be used only in extraordinary circumstances. See Kerr v. United
States Dist. Court, 426 U.S. 394, 402 (1976). Rollins’ petition
does not set forth exceptional circumstances as would warrant the
issuance of a writ of mandamus at this time. Accordingly, although
we grant Rollins’ motion to proceed in forma pauperis, we deny his
petition for a writ of mandamus without prejudice to his ability to
refile for mandamus relief if the district court does not act
expeditiously. We dispense with oral argument because the facts
and legal contentions are adequately presented before the district
court and argument would not aid the decisional process.
PETITION DENIED
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