U.S. Court of Appeals for the Fourth Circuit, 2003

In Re: Maurice Mack v.

In Re: Maurice Mack v.
U.S. Court of Appeals for the Fourth Circuit · Decided February 4, 2003 · Wilkins, Michael, Hamilton
55 F. App'x 207

In Re: Maurice Mack v.

Opinion

PER CURIAM.

Maurice Mack filed this petition for a writ of mandamus seeking an order directing the district court to rule on his Motion for Judgment on the Pleadings filed on February 5, 2002.

On April 16, 2002, the magistrate judge recommended denying Mack’s Motion for Judgment on the Pleadings. Although the motion is still pending in district court, there has been recent, significant action in the case.

The writ of mandamus is a drastic remedy and should only be granted in those extraordinary situations when no other remedy is available. In re: Beard, 811 F.2d 818, 826 (4th Cir. 1987). We find that there has been no undue delay in the district court. We therefore deny the petition for mandamus relief. We grant Mack’s motion to proceed in forma pauper-is. We dispense with oral argument because the facts and legal contentions are *208 adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED

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