In re: David Hill, No. 21-1936 (4th Cir. 2021)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-1936 In re: DAVID HILL, Petitioner. On Petition for Writ of Mandamus. (1:20-cv-00474-CMH-TCB; 1:01-cr-00191-CMH-1) Submitted: October 19, 2021 Decided: October 21, 2021 Before GREGORY, Chief Judge, AGEE, Circuit Judge, and SHEDD, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. David Hill, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Hill petitions for a writ of mandamus, alleging that the district court has unduly delayed in ruling on his 28 U.S.C. § 2241 petition. He seeks an order from this court directing the district court to act. Upon review, we conclude that the present record does not reveal undue delay by the district court. Specifically, the district court transferred the subject § 2241 petition to Hill’s criminal case in March 2021, and Hill noted an appeal of that order shortly thereafter. “The filing of a notice of appeal . . . confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.” Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982). Accordingly, we deny the mandamus petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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