UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-1884

In Re: ROBERT EVERTON RUSHIE,

Petitioner.

On Petition for Writ of Mandamus. (1:00-cr-00396-NCT)

Submitted: October 4, 2012 Decided: November 5, 2012

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Robert Everton Rushie, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Robert Everton Rushie petitions for a writ of

mandamus, alleging that the district court has unduly delayed in

ruling on his

(c)(2) (2006) motion for reduction

of sentence. He seeks an order from this court directing the

district court to act. We find the present record does not

reveal undue delay in the district court. Accordingly, we grant

leave to proceed in forma pauperis and 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

2