Filed: Oct. 03, 2006
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7075 In Re: RICHARD ALLEN SMITH, JR., Petitioner. On Petition for Writ of Mandamus (No. 2:00-cr-00007-FPS; 2:04-cv-00050-FPS) Submitted: September 26, 2006 Decided: October 3, 2006 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Richard Allen Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7075 In Re: RICHARD ALLEN SMITH, JR., Petitioner. On Petition for Writ of Mandamus (No. 2:00-cr-00007-FPS; 2:04-cv-00050-FPS) Submitted: September 26, 2006 Decided: October 3, 2006 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Richard Allen Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local ..
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7075 In Re: RICHARD ALLEN SMITH, JR., Petitioner. On Petition for Writ of Mandamus (No. 2:00-cr-00007-FPS; 2:04-cv-00050-FPS) Submitted: September 26, 2006 Decided: October 3, 2006 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Richard Allen Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Richard Allen Smith, Jr., petitions for a writ of mandamus, alleging the district court has unduly delayed acting on two motions for relief pursuant to Fed. R. Civ. P. 60. 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 - 2 -
