In Re: Hicks v. , 105 F. App'x 534 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6830
In Re: EDNA MARIE HICKS,
Petitioner.
On Petition for Writ of Mandamus. (CR-99-195-DKC; CA-02-2235-DKC-8)
Submitted: August 18, 2004 Decided: September 8, 2004
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Edna Marie Hicks, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Edna Marie Hicks petitions this court for a writ of
mandamus to compel the district court to rule on her pending motion
under 28 U.S.C. § 2255 (2000). The granting of a writ of mandamus
is a drastic remedy to be used in extraordinary circumstances. In
re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Hicks’ petition does
not set forth exceptional circumstances as would warrant the
issuance of a writ of mandamus at this time. We note, however,
that no significant action has been taken in the district court for
over seven months.
Accordingly, we deny Hicks’ mandamus petition without
prejudice to her refiling it should the district court fail to act
within a reasonable time. We grant Hicks’ application to proceed
on appeal in forma pauperis and 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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