In re: Gordon v. ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7045
In Re: GREGORY LYNN GORDON,
Petitioner.
On Petition for Writ of Mandamus.
(CA-04-1212-JAB)
Submitted: September 29, 2005 Decided: October 11, 2005
Before WILKINSON, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Gregory Lynn Gordon, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gregory Lynn Gordon petitions for writ of mandamus,
alleging the district court has unduly delayed acting on his 28
U.S.C. § 2254 (2000) petition. 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. Gordon also challenges the
magistrate judge’s interpretation of North Carolina law. However,
mandamus relief is not available on this claim because Gordon may
challenge the district court’s decision upon entry of final
judgment on his § 2254 petition. See, e.g., In re United
Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). Accordingly,
although we grant leave 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
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