UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7790

In Re: MARTELL WHITAKER,

Petitioner.

On Petition for Writ of Mandamus. (CA-01-3207-B-1)

Submitted: January 9, 2003 Decided: January 24, 2003

Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Martell Whitaker, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Martell Whitaker petitions for a writ of mandamus, alleging

the district court has unduly delayed acting on his

(2000) motion. 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. Accordingly, 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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