U.S. Court of Appeals for the Fourth Circuit, 2004

In Re: Davis v.

In Re: Davis v.
U.S. Court of Appeals for the Fourth Circuit · Decided September 28, 2004 · Luttig, King, Duncan
109 F. App'x 628

In Re: Davis v.

Opinion

PER CURIAM:

Walter Jacob Davis petitions for writ of mandamus, alleging the district court has unduly delayed in acting upon his Fed. R.Civ.P. 60(b) motion. Although we find that mandamus relief is not warranted, because the delay is not unreasonable, we deny the mandamus petition without prejudice to the filing of another mandamus petition if the district court does not act expeditiously. We grant Davis’ motion to proceed in forma pauperis. 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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