Opinion
CIVIL NO. 2:07CV7 (2:02CR104).
August 27, 2007
ORDER
THIS MATTER is before the Court on a petition for a writ of mandamus filed by the Petitioner and an application to proceed in forma pauperis.
Petitioner's motion pursuant to 28 U.S.C. § 2255 was dismissed by the undersigned on April 3, 2007, as untimely filed. He promptly filed notice of appeal and the Fourth Circuit upheld that dismissal. See Phillips v. United States , 2007 WL 2164041 (4th Circ. July 25, 2007). However, by letter dated August 13, 2007, the Fourth Circuit notified the Court that the Petitioner had filed a timely request for rehearing. Therefore, the Court has no jurisdiction to rule on the Petitioner's pending motion. IT IS, THEREFORE, ORDERED that the Petitioner's petition for a writ of mandamus and his application to proceed in forma pauperis are hereby DENIED.