In re: Jackson v. ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7100
In Re: JOHN DOUGLAS JACKSON,
Petitioner.
On Petition for Writ of Mandamus
(No. CR-97-246; CA-03-2502-BEL)
Submitted: October 18, 2005 Decided: October 25, 2005
Before WIDENER, MICHAEL, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
John Douglas Jackson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John Douglas Jackson petitions for a writ of mandamus,
alleging that the district court has unduly delayed acting on his
28 U.S.C. § 2255 (2000) motion. He seeks an order from this court
directing the district court to act. Because the district court
has acted in the case as recently as February 16, 2005, we find
there has been no undue delay in the district court. Moreover,
contrary to Jackson’s contentions, the district court’s order,
while not relevant to all of his pending claims, still constitutes
recent and substantial progress in the case. Accordingly, although
we grant permission to proceed in forma pauperis, we deny the
mandamus petition. 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