In re: Terry Bennett, No. 11-1220 (4th Cir. 2011)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1220 In Re: TERRY JACKSON BENNETT, Petitioner. On Petition for Writ of Mandamus. (3:04-cr-00315-RJC-1; 3:08-cv-00410-RJC) Submitted: April 21, 2011 Decided: April 27, 2011 Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Terry Jackson Bennett, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terry Jackson Bennett petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on a Federal Rule of Civil Procedure 59 motion that he filed following the denial of his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. the Bennett seeks an order from this court directing district court to act. Although we find that mandamus relief is not warranted because the delay is not unreasonable, we deny the mandamus petition without prejudice to the filing of another mandamus petition if the district court does not act seasonably. dispense We grant leave to proceed in forma pauperis. with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.