In re: Henry Clay Boyne

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998580262-2] Originating case number: 5:10-cv-00939 Copies to all parties and the district court/agency. [998614872]. Mailed to: Henry Clay Boynes. [11-1330]

Appeal: 11-1330

Document: 8

Date Filed: 06/20/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1330

In re:

HENRY CLAY BOYNES,

Petitioner.

On Petition for a Writ of Mandamus
(5:10-cv-00939)

Submitted:

June 16, 2011

Before NIEMEYER and
Senior Circuit Judge.

GREGORY,

Decided:

Circuit

Judges,

June 20, 2011

and

HAMILTON,

Petition denied by unpublished per curiam opinion.

Henry Clay Boynes, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-1330

Document: 8

Date Filed: 06/20/2011

Page: 2 of 2

PER CURIAM:
Henry Clay Boynes petitions for a writ of mandamus,
alleging the district court has unduly delayed acting on his 28
U.S.C. § 2241 (2006) petition for a writ of habeas corpus.

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.
grant leave to proceed in forma pauperis.

We

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