In Re: Ballance v., No. 07-6333 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6333 In Re: FRANK W. BALLANCE, JR., Petitioner. On Petition for Writ of Mandamus. (5:04-cr-00282-BO) Submitted: June 22, 2007 Decided: July 16, 2007 Before MOTZ, SHEDD, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Frank W. Ballance, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Frank W. Ballance, Jr., petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2255 (2000) motion. He seeks an order from this court directing the district court to act. mandamus relief is not warranted Although we find that 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. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. PETITION DENIED - 2 -

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