In Re: Lawrence Azure

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998515817-2]; denying Motion for extraordinary writ under FRAP 21 [998515819-2] Originating case number: 5:08-cv-00286. Copies to all parties and the district court/agency. [998567177]. Mailed to: Lawrence A. Azure. [11-1098]

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Case: 11-1098 Document: 5 Date Filed: 04/13/2011 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1098 In Re: LAWRENCE A. AZURE, Petitioner. On Petition for Writ of Mandamus. Submitted: March 22, 2011 (5:08-cv-00286) Decided: April 13, 2011 Before SHEDD, AGEE, and WYNN, Circuit Judges. Petition denied by unpublished per curiam opinion. Lawrence A. Azure, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. Case: 11-1098 Document: 5 Date Filed: 04/13/2011 Page: 2 PER CURIAM: Lawrence A. Azure petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his petition for relief under 28 U.S.C.A. § 2241 (West 2006 & Supp. 2010). He seeks an order from this court directing the district court to act. warranted Although we find that mandamus relief is not because of the recent issuance of the magistrate judge’s report and recommendation, we deny the mandamus petition without prejudice to the filing of another mandamus petition if the district court does not act expeditiously. to proceed in forma pauperis. We grant leave 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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