Timothy Layton has filed a petition for a writ of mandamus, asking this Court to direct the district court to rule on his 28 U.S.C.A. § 2254 (West 1994 & Supp. 2002) petition based on undue delay. Although we find that mandamus relief is not warranted because the delay is not unreasonable, we deny Layton’s petition for a writ of mandamus without prejudice to his ability to file a new petition for mandamus relief if the district court does not act expeditiously. We grant leave to proceed in forma pauperis. We dispense with oral *618 argument because the facts and legal contentions are adequately presented in the mandamus before the court and argument would not aid the decisional process.

PETITION DENIED.