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

In re Smith

In re Smith
U.S. Court of Appeals for the Fourth Circuit · Decided April 19, 2004
95 F. App'x 36

In re Smith

Opinion of the Court

PER CURIAM:

Pete Smith petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion under Fed.R.Civ.P. 60(b). He seeks an order from this Court directing the district court to act. 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 leave to proceed in forma pauperis. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before *37the court and argument would not aid the decisional process.

PETITION DENIED

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