Michael Ray Harvey filed this petition for writ of mandamus alleging that the district court has unreasonably delayed acting on Harvey’s 42 U.S.C. § 1983 (2000) action. Harvey seeks an evidentiary hearing and an order requiring the district court to act. We find no unreasonable delay. Therefore, while we grant the motion for leave to proceed in forma pauperis, we deny the petition without prejudice to Harvey’s right to refile. 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