In Re: Fleming

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1424

In Re: DEREK MARQUIS FLEMING,

Petitioner.

On Petition for Writ of Mandamus. (2:91-cr-00179-NCT)

Submitted: June 3, 2010 Decided: June 14, 2010

Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Derek Marquis Fleming, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Derek Marquis Fleming petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his motion for reconsideration of the court’s prior order

denying his motion to correct judgment. 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 deny Fleming’s motion to expedite

as moot and 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