UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7045

In Re: GREGORY LYNN GORDON,

Petitioner.

On Petition for Writ of Mandamus. (CA-04-1212-JAB)

Submitted: September 29, 2005 Decided: October 11, 2005

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Gregory Lynn Gordon, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Gregory Lynn Gordon petitions for writ of mandamus,

alleging the district court has unduly delayed acting on his

(2000) petition. He seeks an order from this court

directing the district court to act. We find there has been no

undue delay in the district court. Gordon also challenges the

magistrate judge’s interpretation of North Carolina law. However,

mandamus relief is not available on this claim because Gordon may

challenge the district court’s decision upon entry of final

judgment on his § 2254 petition. See, e.g., In re United

Steelworkers,

(4th Cir. 1979). Accordingly,

although we grant leave to proceed in forma pauperis, 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.

PETITION DENIED

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