In Re: Smith v.

U.S. Court of Appeals for the Fourth Circuit October 3, 2006

Opinion

No. 06-7075

Petitioner.

On Petition for Writ of Mandamus (No. 2:00-cr-00007-FPS; 2:04-cv-00050-FPS)

Submitted: September 26, 2006 Decided: October 3, 2006

Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Richard Allen Smith, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Richard Allen Smith, Jr., petitions for a writ of

mandamus, alleging the district court has unduly delayed acting on

two motions for relief pursuant to Fed. R. Civ. P. 60. 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 the court and argument would not aid the

decisional process.

- 2 -