In Re: Ballance v. ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6333
In Re: FRANK W. BALLANCE, JR.,
Petitioner.
On Petition for Writ of Mandamus.
(5:04-cr-00282-BO)
Submitted: June 22, 2007 Decided: July 16, 2007
Before MOTZ, SHEDD, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Frank W. Ballance, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Frank W. Ballance, Jr., petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his 28
U.S.C. § 2255 (2000) motion. He seeks an order from this court
directing the district court to act. Although we find that
mandamus relief is not warranted because the delay is not
unreasonable, we deny the mandamus petition without prejudice to
the filing of another mandamus 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
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