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  • In Re: Bates V., 4th Cir. (2005)

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    Kenneth Bates filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his motion under 18 U.S.C.A. § 3582 and Fed. R. Crim. P. 35(b). The Fourth Circuit Court of Appeals found no undue delay by the district court. While allowing Bates to proceed in forma pauperis, the court denied the mandamus petition and dispensed with oral argument.

    Original Description:

    Filed: 2005-12-07 Precedential Status: Non-Precedential Docket: 05-7203

    Original Title

    In Re: Bates v., 4th Cir. (2005)

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    Kenneth Bates filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his motion under 18 U.S.C.A. § 3582 and Fed. R. Crim. P. 35(b). The Fourth Circuit Court of Appeals found no undue delay by the district court. While allowing Bates to proceed in forma pauperis, the court denied the mandamus petition and dispensed with oral argument.

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    In Re: Bates V., 4th Cir. (2005)

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    Scribd Government Docs
    Kenneth Bates filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his motion under 18 U.S.C.A. § 3582 and Fed. R. Crim. P. 35(b). The Fourth Circuit Court of Appeals found no undue delay by the district court. While allowing Bates to proceed in forma pauperis, the court denied the mandamus petition and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7203

    In Re:

    KENNETH W. BATES,

    Petitioner.

    On Petition for Writ of Mandamus.


    (CR-00-508)

    Submitted:

    November 22, 2005

    Decided:

    December 7, 2005

    Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Kenneth W. Bates, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Kenneth W. Bates petitions for writ of mandamus, alleging
    the district court has unduly delayed acting on his motion filed
    under 18 U.S.C.A. 3582 (West 2000 & Supp. 2005) and Fed. R. Crim.
    P. 35(b).

    He seeks an order from this court directing the district

    court to act.
    district court.

    We find there has been no undue delay in the


    Accordingly, although we grant permission 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 the court and
    argument would not aid the decisional process.

    PETITION DENIED

    - 2 -

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