In Re: Harvey v. , 111 F. App'x 690 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6689
In Re: MICHAEL RAY HARVEY,
Petitioner.
On Petition for Writ of Mandamus. (CA-02-829-7)
Submitted: August 20, 2004 Decided: October 26, 2004
Before MICHAEL and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Michael Ray Harvey, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael Ray Harvey filed this petition for writ of
mandamus alleging that the district court has unreasonably delayed
acting on Harvey’s 42 U.S.C. § 1983 (2000) action. Harvey seeks an
evidentiary hearing and an order requiring the district court to
act. We find no unreasonable delay. Therefore, while we grant the
motion for leave to proceed in forma pauperis, we deny the petition
without prejudice to Harvey’s right to refile. 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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