In Re: Bennett

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UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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