In re: Daniel Weymouth

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998750908-2]; denying Motion for writ of mandamus (FRAP 21) [998750903-2] Originating case number: 2:03-cr-00082-JBF-FBS-1. Copies to all parties and the district court. [998823089]. Mailed to: Daniel Weymouth. [11-2403]

Appeal: 11-2403

Document: 8

Date Filed: 04/02/2012

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-2403

In re: DANIEL ANTHONY WEYMOUTH,
Petitioner.

On Petition for Writ of Mandamus.
(2:03-cr-00082-JBF-FBS-1)

Submitted:

March 29, 2012

Decided:

April 2, 2012

Before WILKINSON, KING, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Daniel Anthony Weymouth, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-2403

Document: 8

Date Filed: 04/02/2012

Page: 2 of 2

PER CURIAM:
Daniel

Anthony

Weymouth

petitions

for

a

writ

of

mandamus, alleging the district court has unduly delayed acting
on his petition for transfer of supervised release.

Weymouth

filed a petition for transfer of his supervised release on July
5,

2011.

The

next

day,

the

district

court

filed

an

order

informing Weymouth that his petition was deficient and that he
had thirty days to cure the deficiency or his petition would be
struck from the record.

Weymouth filed another petition on July

20, 2011, but there has been no further action by the district
court.

Weymouth 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.

We grant leave to proceed in forma pauperis.

dispense

oral

with

argument

because

the

facts

and

We

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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