In Re: David Ray Matthews, Petitioner, 39 F.3d 1177 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 39 F.3d 1177 (4th Cir. 1994)

Submitted Oct. 18, 1994. Decided Nov. 15, 1994

On Petition for a Writ of Mandamus. (CA-94-695-3-19AJ).

David Ray Matthews, Petitioner Pro Se.


Before HALL and MICHAEL, Circuit Judges, and CHAPMAN, Senior Circuit Judge.


David Ray Matthews filed a petition for a Writ of Mandamus to compel the district court to act on his habeas corpus petition and petition for bond. Matthews filed his habeas corpus petition in March 1994. The Respondents filed a motion for summary judgment, to which Matthews submitted objections in April 1994. Matthews filed his petition for bond in May 1994. Both petitions are before a magistrate judge for his report and recommendation to the district court. We find that the delay in the district court has not been unreasonable. Accordingly, although we grant leave to proceed in forma pauperis, we deny Matthews' petition for a Writ of Mandamus.