UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-2356

In Re: DENNIS MILLER,

Petitioner.

On Petition for Writ of Mandamus. (4:09-cr-01272-RBH-8; 4:11-cv-03376-RBH)

Submitted: November 14, 2012 Decided: November 28, 2012

Before NIEMEYER, KING, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Dennis Miller, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Dennis Miller petitions for a writ of mandamus,

alleging that the district court has unduly delayed in

scheduling a resentencing hearing following its grant of relief

under

(West Supp. 2012). 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 this court and argument would not aid

the decisional process.

PETITION DENIED

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