In Re Albert Charles Burgess, Jr., Petitioner, 900 F.2d 250 (4th Cir. 1990)

Albert Charles Burgess, Jr., filed this petition for writ of mandamus complaining of delay in the district court in acting on his habeas petition. Because the magistrate and the district court have both taken action on the petition as recently as January 1990, we hold that there has been no undue delay. Therefore, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not significantly aid the the decisional process.

PETITION DENIED