In re: Mitchell Banks

U.S. Court of Appeals for the Fourth Circuit

In re: Mitchell Banks

Opinion

USCA4 Appeal: 25-2224 Doc: 12 Filed: 12/22/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-2224

In re: MITCHELL DANYELL BANKS,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Middle District of North Carolina, at Greensboro. (1:21-cr-00344-WO-1; 1:25-cv-00252-WO- LPA)

Submitted: December 18, 2025 Decided: December 22, 2025

Before NIEMEYER and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Mitchell Danyell Banks, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-2224 Doc: 12 Filed: 12/22/2025 Pg: 2 of 2

PER CURIAM:

Mitchell Danyell Banks petitions for a writ of mandamus, alleging that the district

court has unduly delayed in ruling on his

28 U.S.C. § 2255

motion, which Banks filed in

March 2025. Banks asks this court to enforce the district court’s compliance with the

statutory time limits contained in

28 U.S.C. § 2266

.

Review of the district court’s docket reveals that Banks filed a reply to the

Government’s response to his § 2255 motion in July 2025. Thus, to the extent that Banks

asks us to order the district court to decide the § 2255 motion, the present record reveals

no undue delay in Banks’ habeas proceeding.

We therefore 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

2

Reference

Status
Unpublished