Categories: Fourth Circuit Court of Appeals Opinions

IN RE SHEPPARD, 225 Fed.Appx. 157 (4th Cir. 2007)

In Re: Jerry Wayne SHEPPARD, Petitioner.

No. 06-7954.United States Court of Appeals, Fourth Circuit.Submitted: February 15, 2007.
Decided: February 26, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On Petition for Writ of Mandamus. (No. 5:94-cr-00122-F-17).

Jerry Wayne Sheppard, Petitioner Pro Se.

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jerry Wayne Sheppard petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his § 2255 action. He seeks an order from this court directing the district court to act. Although we find that mandamus relief is not warranted because the delay is not unreasonable, we deny the mandamus petition without prejudice to the filing of another mandamus petition if the district court does not act expeditiously. We grant leave to proceed in forma pauperis. 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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