In Re: Dowell v.

Filing 920070608

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6437

In Re:

TIMOTHY DOWELL, SR., Petitioner.

On Petition for Writ of Mandamus. (1:04-cr-00065; 1:06-cv-00628)

Submitted: May 31, 2007

Decided:

June 8, 2007

Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Timothy Dowell, Sr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Timothy Dowell petitions this court for a writ of

mandamus, alleging that the district court has unduly delayed acting on his 28 U.S.C. § 2255 (2000) motion. Dowell's § 2255

motion was filed with the district court on August 14, 2006, and on the following day, the motion was assigned to a magistrate judge for review. No action has occurred since that time. We find that

mandamus relief is not warranted at this time because any delay since the filing we deny of the the § 2255 motion writ is of not unreasonable. without

However,

petition

for

mandamus

prejudice to Dowell's right to refile the petition if there is continued delay. pauperis. We grant the motion for leave to proceed in forma

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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