In re: McLean

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1051

In Re: CLEVELAND MCLEAN, JR.,

Petitioner.

On Petition for Writ of Mandamus. (2:90-cr-00105; 2:08-cv-00588)

Submitted: May 20, 2010 Decided: May 26, 2010

Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Cleveland McLean, Jr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Cleveland McLean, Jr., petitions for a writ of

mandamus, alleging the district court has unduly delayed acting

on his 18 U.S.C. § 3582 (2006) 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