UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2142

In Re: PETE SMITH, a/k/a Jose, a/k/a Pete Noble Muhammad,

Petitioner.

On Petition for Writ of Mandamus. (2:93-cr-00117-WO-1)

Submitted: December 17, 2009 Decided: December 28, 2009

Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Pete Smith, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Pete Smith petitions for a writ of mandamus, alleging

the district court has unduly delayed acting on his petition for

a modification of his supervised release. Smith 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

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