UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1857

In Re: RAKIM ROYSTER, Petitioner.

On Petition for Writ of Mandamus. (5:08-hc-02079-D)

Submitted: December 16, 2008 Decided: December 19, 2008

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Rakim Royster, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Rakim Royster petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2254 (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. 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