USCA4 Appeal: 24-2178 Doc: 10 Filed: 01/28/2025 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-2178

In re: CARLOS HERNANDEZ, a/k/a Ra Saadi Lennox Hernandez El, Petitioner.

On Petition for Writ of Mandamus or Writ of Prohibition to the United States District Court for the Eastern District of North Carolina, at Raleigh. (5:24-ct-03173-M-RJ)

Submitted: January 23, 2025 Decided: January 28, 2025

Before WILKINSON, WYNN, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Carlos Hernandez, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 24-2178 Doc: 10 Filed: 01/28/2025 Pg: 2 of 2

PER CURIAM: Carlos Hernandez petitions for a writ of mandamus or a writ of prohibition, alleging that the district court has unduly delayed in ruling on his 42 U.S.C. § 1983 civil complaint.

He seeks an order from this court directing the district court to act. Mandamus is a drastic remedy to be used only in extraordinary circumstances, and Hernandez’s petition does not establish extraordinary circumstances warranting mandamus relief. See Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380 (2004); In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Moreover, because Hernandez’s complaint has only been pending for six months, we find that there has been no undue delay in the district court. Accordingly, we deny Hernandez’s petition for writ of mandamus or a writ of prohibition. 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