In Re: Bennett
This text of In Re: Bennett (In Re: Bennett) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 11-1220
In Re: TERRY JACKSON BENNETT,
Petitioner.
On Petition for Writ of Mandamus. (3:04-cr-00315-RJC-1; 3:08-cv-00410-RJC)
Submitted: April 21, 2011 Decided: April 27, 2011
Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Terry Jackson Bennett, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Terry Jackson Bennett petitions for a writ of
mandamus, alleging that the district court has unduly delayed
acting on a Federal Rule of Civil Procedure 59 motion that he
filed following the denial of his 28 U.S.C.A. § 2255 (West Supp.
2010) motion. Bennett 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 to the filing of
another mandamus petition if the district court does not act
seasonably. 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
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