In re: Johnny Gore, No. 13-2114 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2114 In re: JOHNNY LEE GORE, a/k/a Manager, Petitioner. On Petition for Writ of Mandamus. (4:01-cr-00627-CWH-9) Submitted: October 22, 2013 Decided: October 24, 2013 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Johnny Lee Gore, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Johnny Lee Gore 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. 2013) motion. He seeks an order from this court directing the district court to act, or an order vacating his sentence. We conclude that Gore is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in Dist. extraordinary Court, Moussaoui, mandamus 426 333 relief U.S. F.3d is circumstances. 394, 509, 402 516-17 available Kerr (1976); (4th only clear right to the relief sought. United United Cir. when v. 2003). the States States v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). We find the present record does not reveal undue delay in the district court. Furthermore, Gore has not shown that he has a clear right to have his sentence vacated. Accordingly, we grant leave to proceed in forma pauperis and deny the mandamus petition. legal before We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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