In Re: Smith v.

Filing 920070725


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6779 In Re: RICHARD ALLEN SMITH, JR., Petitioner. On Petition for Writ of Mandamus. (2:00-cr-00007-FPS; 2:04-cv-00050-FPS; 2:06-cv-00088-FPS) Submitted: July 19, 2007 Decided: July 25, 2007 Before MOTZ and GREGORY, Circuit Judges, and WILKINS, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Richard Allen Smith, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Richard Allen Smith, Jr. petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his "application for a certificate of appealability." He seeks an We find order from this court directing the district court to act. there has been no undue delay in the district court. Accordingly, although we grant leave to proceed in forma pauperis, we deny the mandamus petition. facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the contentions the court materials would decisional process. PETITION DENIED - 2 -

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