In re: Baker

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-1328

In re: PHILLIP LAVETTE BAKER, a/k/a Shorty,

Petitioner.

On Petition for Writ of Mandamus. (1:02-cr-00375-WLO-2)

Submitted: May 26, 2011 Decided: May 31, 2011

Before KING, SHEDD, and DIAZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Phillip Lavette Baker, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Phillip Lavette Baker petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his motion for reduction in sentence pursuant to 18 U.S.C.

§ 3582(c)(2) (2006). He seeks an order from this court

directing the district court to act. Although we find that

mandamus relief is not warranted because the delay is not

unreasonable, we deny the mandamus petition without prejudice.

We grant leave to proceed in forma pauperis. 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