In Re: Anthony McQueen v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-2137
In Re: ANTHONY MCQUEEN,
Petitioner.
On Petition for Writ of Mandamus.
(1:04-cr-00257-CMH-1; 1:07-cv-00871-CMH)
Submitted: June 25, 2015 Decided: July 1, 2015
Before KING, DUNCAN, and DIAZ, Circuit Judges.
Petition granted by unpublished per curiam opinion.
Anthony McQueen, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony McQueen petitions for a writ of mandamus, alleging
the district court has unduly delayed acting on his Fed. R. Civ.
P. 59(e) motion to alter or amend judgment docketed on
November 19, 2013. He seeks an order from this court directing
the district court to act. Mandamus is a drastic remedy to be
used only in extraordinary circumstances. Kerr v. U.S. Dist.
Court, 426 U.S. 394, 402 (1976).
Our review of the district court’s docket reveals that no
significant action has occurred related to the motion since it
was docketed on November 19, 2013. We find that the delay in
acting on McQueen’s motion filed in his 28 U.S.C. § 2255 (2012)
proceeding is excessive and warrants granting a writ of
mandamus. Johnson v. Rogers, 917 F.2d 1283, 1285 (10th Cir.
1990); In re Funkhouser, 873 F.2d 1076, 1077 (8th Cir. 1989).
Accordingly, we grant McQueen’s motion to proceed in forma
pauperis and direct the district court to act on McQueen’s
motion filed in his 28 U.S.C. § 2255 (2012) proceeding within 30
days after the date of this opinion.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
PETITION GRANTED
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