In Re: Andrews v. , 82 F. App'x 853 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7182
In Re: ANTHONY ANDREWS,
Petitioner.
On Petition for Writ of Mandamus. (CR-01-27)
Submitted: October 22, 2003 Decided: December 19, 2003
Before WIDENER, MICHAEL, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Anthony Andrews, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Andrews petitions for a writ of mandamus, alleging
that the district court has unduly delayed acting on his motion to
reconsider its denial of his motion to compel the Government to
file a Fed. R. Civ. P. 35 motion. He alleged that the Government’s
refusal to file a Rule 35 motion was based on unconstitutional
motives. Andrews seeks an order from this court directing the
district court to make factual findings regarding his motion to
reconsider the denial of his motion to compel. He also filed a
motion seeking a judicial reassignment within the district court
and a motion seeking to hold the petition for writ of mandamus in
abeyance pending the disposition of a motion for recusal based on
bias and impartiality under 28 U.S.C. §§ 455(a) and (b)(1) (2000)
that he filed in the district court.
On May 6, 2003, the district court notified Andrews of his
obligation to respond to the Government’s response to his motion to
reconsider. Andrews filed the present petition for mandamus relief
on August 4, 2003, after filing three additional pleadings in the
district court. Although we grant Andrews in forma pauperis status,
we deny his petition for mandamus relief because it does not appear
that the district court’s consideration of his motion to reconsider
has been unduly delayed. We also deny Andrews’s motions for
judicial reassignment and for abeyance. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before the court and argument would not
aid the decisional process.
PETITION DENIED
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