In re: Bennie Mack, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999133125-2]; denying Motion for writ of mandamus (FRAP 21) [999133124-2] Originating case number: 1:08-cr-00267-WO-1,1:13-cv-00175-WO Copies to all parties and the district court/agency. [999147620]. Mailed to: Mack. [13-1781]

Appeal: 13-1781

Doc: 6

Filed: 07/11/2013

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-1781

In Re:

BENNIE AUSTIN MACK, JR.,
Petitioner.

On Petition for Writ of Mandamus.
(1:08-cr-00267-WO-1; 1:13-cv-00175-WO)

Submitted:

June 24, 2013

Decided:

July 11, 2013

Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Bennie Austin Mack, Jr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-1781

Doc: 6

Filed: 07/11/2013

Pg: 2 of 2

PER CURIAM:
Bennie

Austin

Mack,

Jr.

petitions

for

a

writ

of

mandamus, alleging that the magistrate judge has unduly delayed
in ruling on his May 20, 2013 request for order pertaining to
his pending 28 U.S.C. § 2255 (2006) motion.

He seeks an order

from this court directing the magistrate judge to act.

We find

the present record does not reveal undue delay in the district
court.

Accordingly, although we grant leave to proceed in forma

pauperis, we deny the mandamus petition.

We dispense with oral

argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
PETITION DENIED

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