In Re: Bates v. , 157 F. App'x 627 ( 2005 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-7203
    In Re:   KENNETH W. BATES,
    Petitioner.
    On Petition for Writ of Mandamus.
    (CR-00-508)
    Submitted:   November 22, 2005             Decided:   December 7, 2005
    Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Kenneth W. Bates, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Kenneth W. Bates petitions for writ of mandamus, alleging
    the district court has unduly delayed acting on his motion filed
    under 
    18 U.S.C.A. § 3582
     (West 2000 & Supp. 2005) and Fed. R. Crim.
    P. 35(b).   He seeks an order from this court directing the district
    court to act.      We find there has been no undue delay in the
    district court.     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
    - 2 -
    

Document Info

Docket Number: 05-7203

Citation Numbers: 157 F. App'x 627

Judges: Motz, Traxler, Gregory

Filed Date: 12/7/2005

Precedential Status: Non-Precedential

Modified Date: 11/5/2024