Opinion
No. 10-2264.
Submitted: January 10, 2011.
Decided: February 8, 2011.
On Petition for Writ of Mandamus. (2:10-cv-00061-HCM-FBS).
Henry McKinley Scott, Jr., Petitioner Pro Se.
Before KING, SHEDD, and DUNCAN, Circuit Judges.
Petition denied by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Henry McKinley Scott, Jr., petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C.A. § 2241 (West 2006 Supp. 2010) petition. He seeks an order from this court directing the district court to act. We find there has been no undue delay in the district court. Accordingly, although we grant leave to proceed in forma pauperis, we deny the mandamus petition. This ruling is without prejudice to Scott's right to file another mandamus petition in the future should there be future undue delay in the district court's handling of Scott's § 2241 petition. 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.