UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-1955

In re: RANDOLPH HARRIS AUSTIN, a/k/a Randolph Harris, a/k/a Matarbus Raynard Fewell,

Petitioner.

On Petition for a Writ of Mandamus. (3:05-cr-00213-RJC-DCK-1; 3:11-cv-00040-RJC)

Submitted: November 2, 2012 Decided: November 8, 2012

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Randolph Harris Austin, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Randolph Harris Austin petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his

(West Supp. 2012) motion. 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, while we grant leave to proceed in

forma pauperis, we deny the mandamus petition. We deny Austin’s

request to reassign his case to a different district court

judge. 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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