In Re: Derrick Ussery, Sr., No. 13-1098 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1098 In re: DERRICK KEITH USSERY, SR., a/k/a Boogaloo, Petitioner. On Petition for Writ of Mandamus. (4:10-cr-00030-H-1; 4:12-cv-00175-H) Submitted: March 28, 2013 Decided: April 2, 2013 Before NIEMEYER, KING, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Derrick Keith Ussery, Sr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Derrick Keith Ussery, Sr., petitions for a writ of mandamus, alleging that the district court has unduly delayed in ruling on his 28 U.S.C.A. § 2255 (West Supp. 2012) motion. He seeks an order from this court directing the district court to act. We find the present record does not reveal undue delay in the district court. We dispense contentions with are Accordingly, we deny the mandamus petition. oral argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. PETITION DENIED 2

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