In re: Barkley v. ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7346
In Re: DONALD ANDRE BARKLEY,
Petitioner.
On Petition For Writ of Mandamus (CA-02-69)
Submitted: December 9, 2004 Decided: December 16, 2004
Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Donald Andre Barkley, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Donald Andre Barkley filed this petition for writ of
mandamus alleging that the district court has unreasonably delayed
acting on his 28 U.S.C. § 2254 (2000) petition. Barkley seeks an
order requiring the district court to decide the case. We find no
unreasonable delay. Therefore, while we grant the motion for leave
to proceed in forma pauperis, we deny the petition without
prejudice to Barkley’s right to refile. 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
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