Cleveland McLean, Jr., No. 10-1051 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1051 In Re: CLEVELAND MCLEAN, JR., Petitioner. On Petition for Writ of Mandamus. (2:90-cr-00105; 2:08-cv-00588) Submitted: May 20, 2010 Decided: May 26, 2010 Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Cleveland McLean, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cleveland McLean, Jr., petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 18 U.S.C. § 3582 (2006) motion. He seeks an order from this court directing the district court to act. Although we find that mandamus relief is not warranted because the delay is not unreasonable, prejudice to the we deny filing of the mandamus another mandamus district court does not act expeditiously. proceed in forma pauperis. We petition dispense petition without if the We grant leave to with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

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