In Re: Roddy v.

Filing 920060727


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6626 In Re: BOBBY EUGENE RODDY, Petitioner. Petition for Writ of Mandamus (No. 5:03-cv-00612) Submitted: July 20, 2006 Decided: July 27, 2006 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Bobby Eugene Roddy, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Bobby Eugene Roddy petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 42 U.S.C. 1983 (2000) action. He seeks an order from this court Although we find that the delay is not directing the district court to act. mandamus relief is not warranted because 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 -

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