In Re: Cruel

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1976

In Re: YUESEYUAN CRUEL,

Petitioner.

On Petition for Writ of Mandamus. (6:08-cr-00797-HFF; 6:09-cv-70082-HFF)

Submitted: October 19, 2010 Decided: October 26, 2010

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Yueseyuan Cruel, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Yueseyuan Cruel petitions for a writ of mandamus,

alleging the district court has unduly delayed acting on his 28

U.S.C.A. § 2255 (West Supp. 2010) motion. 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 to the filing of another mandamus petition if the

district court does not act expeditiously. 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