In re: David Shanton, Sr.
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [1000102067-2]; granting Motion to proceed in forma pauperis (FRAP 24) [1000108077-2] Originating case number: 1:08-cr-00142-CCB-1,1:14-cv-03194-CCB Copies to all parties and the district court/agency. . Mailed to: David Wilbert Shanton Sr.. [17-1741]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
In re: DAVID WILBERT SHANTON, SR.,
On Petition for Writ of Mandamus. (1:08-cr-00142-CCB-1; 1:14-cv-03194-CCB)
Submitted: August 24, 2017
Decided: August 28, 2017
Before GREGORY, Chief Judge, and SHEDD and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David Wilbert Shanton, Sr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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David Wilbert Shanton, Sr., petitions for a writ of mandamus, alleging that the
district court has unduly delayed in ruling on his 28 U.S.C. § 2255 (2012) motion. He
seeks an order from this court directing the district court to act. We find the present
record does not reveal undue delay in the district court. Accordingly, we grant leave to
proceed in forma pauperis and 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.
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