In Re: Payne v. ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1539
In Re: LEO LIONEL PAYNE,
Petitioner.
On Petition for Writ of Mandamus. (3:07-cv-00614-JRS)
Submitted: June 13, 2008 Decided: July 1, 2008
Before KING and GREGORY, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Leo Lionel Payne, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Virginia inmate Leo Lionel Payne petitions for a writ of
mandamus seeking an order directing the district court to issue a
decision in Payne’s 28 U.S.C. § 2254 (2000) action. The last
district court action occurred on November 19, 2007, when the
district court granted Payne leave to proceed in forma pauperis.
We find that mandamus relief is not warranted at this
time because the delay since the district court’s last significant
action is not unreasonable. Accordingly, we deny Payne’s mandamus
petition without prejudice to the filing of another such petition
if the district court does not act expeditiously. 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
- 2 -