In Re Herman Dwain Young, Petitioner, 875 F.2d 317 (4th Cir. 1989)

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US Court of Appeals for the Fourth Circuit - 875 F.2d 317 (4th Cir. 1989) Submitted March 31, 1989. Decided May 3, 1989

Herman Dwain Young, petitioner pro se.

Before PHILLIPS, SPROUSE, and CHAPMAN, Circuit Judges.


Herman Dwain Young, a Virginia prisoner, petitions this Court for a writ of mandamus complaining of the district court's delay in acting on his 28 U.S.C. § 2254 habeas corpus petition. As relief, he asks this Court to vacate the state convictions which were the subject of his Sec. 2254 petition. After Young filed this petition, the district court dismissed Young's habeas corpus petition. Young v. Muncy, C/A No. 88-40-D (W.D. Va. March 17, 1989).

We grant leave to proceed in forma pauperis but deny the petition. Young is not entitled to have his state convictions vacated because of delay in deciding a 28 U.S.C. § 2254 petition. As the district court has acted on Young's petition, he is not entitled to a writ of mandamus.