In Re: Sheppard v. ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-8001
In Re: JERRY WAYNE SHEPPARD,
Petitioner.
On Petition for Writ of Mandamus.
(CR-94-122-ALL)
Submitted: March 28, 2002 Decided: May 29, 2002
Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jerry Wayne Sheppard, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jerry Wayne Sheppard has filed a petition for writ of
mandamus, complaining of unreasonable delay in the district court
and asking that we compel the district court to act. On June 18,
2001, Sheppard filed a motion to reconsider the denial of his
motion under 28 U.S.C.A. § 2255 (West Supp. 2001). Although we
find the delay is not unreasonable, we deny the petition without
prejudice to Sheppard’s right to refile if the district court does
not act expeditiously. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
PETITION DENIED
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