In re: Andre Corbett, No. 11-1853 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1853 In Re: ANDRE CORBETT, Petitioner. On Petition for Writ of Mandamus. (3:07-cr-00144-RJC-1; 3:10-cv-00501-RJC) Submitted: September 29, 2011 Decided: October 20, 2011 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Andre Corbett, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Andre Corbett petitions for a writ of mandamus, alleging that the district court has unduly delayed resentencing him upon remand. He seeks an order from this court directing the district court to act. docket reveals that, on Our review of the district court s August 11, 2011, the district court entered an order scheduling Corbett s resentencing to occur in September. Although the resentencing has not occurred as scheduled, the present delay appears to be the consequence of recent motions filed by Corbett and inattention by the district court. is now actively Corbett, prejudice we to responsive deny the Corbett s to pauperis. facts and materials legal before We counsel our directive petition right again dispense to to as seek than resentence moot, without mandamus relief We grant leave to proceed in with oral argument contentions are adequately the and argument court rather Because the district court mandamus should unwarranted delay recur. forma his because presented would not the in the aid the decisional process. PETITION DENIED 2
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