UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-1890

In re: RENATO JAY SCANTLEBURY, Petitioner.

On Petition for Writ of Mandamus. (5:09-cr-00254-D-1)

Submitted: September 11, 2012 Decided: September 17, 2012

Before NIEMEYER, WYNN, and FLOYD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Renato Jay Scantlebury, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Renato Jay Scantlebury petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion for habeas corpus relief under 28 U.S.C.A. § 2255 (West Supp. 2012). 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.

PETITION DENIED