U.S. Court of Appeals for the Fourth Circuit, 2017

In Re: Larry Hill, Jr. v.

In Re: Larry Hill, Jr. v.
U.S. Court of Appeals for the Fourth Circuit · Decided July 31, 2017 · Agee, Floyd, Hamilton, Per Curiam
694 F. App'x 141

In Re: Larry Hill, Jr. v.

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Larry D. Hill, Jr., petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his Fed. R. Civ. P. 60(d) motion filed on April 17, 2017. However, Hill did not file a Rule 60(d) motion on April 17, 2017, and the district court has since dismissed Hill’s Rule 60(d) motion filed on May 8, 2017. Additionally, insofar as Hill claims in his petition that newly discovered evidence proves he is actually innocent of his convictions, there are “other adequate mpans” for Hill to *142 attain the relief sought. See In re Braxton, 258 F.3d 250, 261 (4th Cir. 2001). Accordingly, we grant Hill leave to proceed in forma pauperis and deny the 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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