In re: Gregg Braxton

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998839960-2]; denying Motion for writ of mandamus (FRAP 21) [998850372-2]. Originating case number: 3:08-cr-00187-HEH-1,3:10-cv-00738-HEH. Copies to all parties and the district court/agency. [998948068]. Mailed to: Gregg Braxton. [12-1524]

Appeal: 12-1524

Doc: 7

Filed: 09/28/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1524

In Re:

GREGG BRAXTON,
Petitioner.

On Petition for Writ of Mandamus.
(3:08-cr-00187-HEH-1; 3:10-cv-00738-HEH)

Submitted:

August 28, 2012

Decided:

September 28, 2012

Before WILKINSON, KING, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Gregg Braxton, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-1524

Doc: 7

Filed: 09/28/2012

Pg: 2 of 2

PER CURIAM:
Gregg

Braxton

petitions

for

a

writ

of

mandamus,

alleging that the district court has unduly delayed acting on
his 28 U.S.C.A. § 2255 (West Supp. 2012) motion.

He seeks an

order from this court directing the district court to act.

We

find that mandamus relief is not warranted because the delay is
not unreasonable, as the district court has acted on the motion
since Braxton filed this petition and the case is proceeding in
the

district

pauperis.
legal
before

court.

grant

leave

to

proceed

in

forma

We dispense with oral argument because the facts and

contentions
the

We

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
PETITION DENIED

2