In Re: Payne v.

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 1, 2008
• Docket: 08-1539
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1539

In Re: LEO LIONEL PAYNE,

Petitioner.

On Petition for Writ of Mandamus. (3:07-cv-00614-JRS)

Submitted: June 13, 2008 Decided: July 1, 2008

Before KING and GREGORY, Circuit Judges, and WILKINS, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Leo Lionel Payne, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Virginia inmate Leo Lionel Payne petitions for a writ of

mandamus seeking an order directing the district court to issue a

decision in Payne’s 28 U.S.C. § 2254 (2000) action. The last

district court action occurred on November 19, 2007, when the

district court granted Payne leave to proceed in forma pauperis.

We find that mandamus relief is not warranted at this

time because the delay since the district court’s last significant

action is not unreasonable. Accordingly, we deny Payne’s mandamus

petition without prejudice to the filing of another such petition

if the district court does not act expeditiously. 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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