In Re Ruey Lynn Davis, Petitioner, 918 F.2d 173 (4th Cir. 1990)

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U.S. Court of Appeals for the Fourth Circuit - 918 F.2d 173 (4th Cir. 1990) Submitted Oct. 29, 1990. Decided Nov. 14, 1990

On Petition for Writ of Mandamus. (CR-87-280)

Ruey Lynn Davis, appellant pro se.


Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.


Ruey Lynn Davis brought this mandamus petition seeking an order directing the district court to act on his 28 U.S.C. § 2255 petition. We hold that the district court has not unduly delayed, nor are there extraordinary circumstances warranting mandamus relief. In re Beard, 811 F.2d 818 (4th Cir. 1987). We therefore grant permission to proceed in forma pauperis and deny mandamus relief. 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 in the decisional process.