In Re: Harrell v.

U.S. Court of Appeals for the Fourth Circuit September 8, 2003

Opinion

No. 03-6909

Petitioner.

On Petition for Writ of Mandamus. (CR-94-37)

Submitted: August 5, 2003 Decided: September 8, 2003

Before MOTZ, MICHAEL, and KING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Gregory Todd Harrell, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Gregory Todd Harrell petitions for a writ of mandamus,

alleging the district court has unduly delayed acting on his Fed.

R. Civ. P. 60(b) motion. He seeks an order from this court

directing the district court to act. The documents Harrell

submitted with his petition indicate, however, that he has not

properly filed his motion in the district court, as he mailed the

motion to an incorrect address.* Harrell has therefore failed to

demonstrate that he is entitled to the relief sought. 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.

* The mailing address for the district court is Post Office Box 1234, Roanoke, Virginia, 24006.