UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7858

IN RE: ANDREW MENICHINO,

Petitioner.

On Petition for Writ of Mandamus. (CA-04-1476)

Submitted: February 24, 2005 Decided: March 9, 2005

Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Andrew Menichino, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Andrew Menichino petitions for writ of mandamus, alleging

the district court has unduly delayed acting on a petition that he

filed pursuant to

(2000). 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 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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