In Re: Eugene Brinson

U.S. Court of Appeals for the Fourth Circuit December 22, 2011

Opinion

No. 11-1715

Petitioner.

On Petition for Writ of Mandamus. (3:07-cv-00592-HEH)

Submitted: December 2, 2011 Decided: December 22, 2011

Before DUNCAN, WYNN, and DIAZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Eugene Kenneth Brinson, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Eugene Kenneth Brinson petitions for a writ of

mandamus, alleging that the district court has unduly delayed

acting on his post-judgment motions. He seeks an order from

this court directing the district court to act. We conclude

that there has been no undue delay in the district court.

Therefore, although we grant leave to proceed in forma pauperis,

we deny the mandamus petition without prejudice to the filing of

another mandamus petition if the district court does not act

expeditiously on the pending post-judgment motions. 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.