In Re: Alfonza Leonard Artis, Sr., Petitioner, 963 F.2d 367 (4th Cir. 1992)

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US Court of Appeals for the Fourth Circuit - 963 F.2d 367 (4th Cir. 1992)

Submitted: May 4, 1992Decided: May 22, 1992


On Petition for Writ of Mandamus

Alfonza Leonard Artis, Sr., Petitioner Pro Se.

PETITION DENIED.

Before HALL, WILKINS, and WILLIAMS, Circuit Judges.

OPINION

PER CURIAM:


Alfonza Artis, a Virginia prisoner, filed a petition for habeas relief in the district court in December 1991. The Respondent moved to dismiss the petition in January 1992. Artis responded to the motion in February 1992. In addition, in February 1992 the district court ruled on Artis's motion to prevent the magistrate judge from acting on the case in February 1992. Artis has filed this mandamus petition alleging undue delay in the district court proceedings and seeking an order directing the district court to act on the petition. Because there has been recent significant action in the district court proceedings, we hold that there has been no undue delay. Although we grant leave to proceed in forma pauperis, we deny the petition. 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 decisional process.

PETITION DENIED