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    In Re: Bennie Mack, Jr. V., 4th Cir. (2013)

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    Bennie Austin Mack Jr. filed a petition for a writ of mandamus alleging that the magistrate judge unduly delayed ruling on his request pertaining to his pending 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit found that the present record did not reveal undue delay by the district court. As such, the court denied Mack's petition for a writ of mandamus, granting him leave to proceed in forma pauperis but finding that oral argument was not necessary.

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    In Re: Bennie Mack, Jr. V., 4th Cir. (2013)

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    Bennie Austin Mack Jr. filed a petition for a writ of mandamus alleging that the magistrate judge unduly delayed ruling on his request pertaining to his pending 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit found that the present record did not reveal undue delay by the district court. As such, the court denied Mack's petition for a writ of mandamus, granting him leave to proceed in forma pauperis but finding that oral argument was not necessary.

    Original Description:

    Filed: 2013-07-11 Precedential Status: Non-Precedential Docket: 13-1781

    Original Title

    In Re: Bennie Mack, Jr. v., 4th Cir. (2013)

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    Bennie Austin Mack Jr. filed a petition for a writ of mandamus alleging that the magistrate judge unduly delayed ruling on his request pertaining to his pending 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit found that the present record did not reveal undue delay by the district court. As such, the court denied Mack's petition for a writ of mandamus, granting him leave to proceed in forma pauperis but finding that oral argument was not necessary.

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    In Re: Bennie Mack, Jr. V., 4th Cir. (2013)

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    Bennie Austin Mack Jr. filed a petition for a writ of mandamus alleging that the magistrate judge unduly delayed ruling on his request pertaining to his pending 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit found that the present record did not reveal undue delay by the district court. As such, the court denied Mack's petition for a writ of mandamus, granting him leave to proceed in forma pauperis but finding that oral argument was not necessary.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-1781

    In Re:

    BENNIE AUSTIN MACK, JR.,


    Petitioner.

    On Petition for Writ of Mandamus.


    (1:08-cr-00267-WO-1; 1:13-cv-00175-WO)

    Submitted:

    June 24, 2013

    Decided:

    July 11, 2013

    Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Bennie Austin Mack, Jr., Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Bennie

    Austin

    Mack,

    Jr.

    petitions

    for

    writ

    of

    mandamus, alleging that the magistrate judge has unduly delayed


    in ruling on his May 20, 2013 request for order pertaining to
    his pending 28 U.S.C. 2255 (2006) motion.

    He seeks an order

    from this court directing the magistrate judge to act.

    We find

    the present record does not reveal undue delay in the district
    court.

    Accordingly, although we grant leave to proceed in forma

    pauperis, 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

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