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423 F. App'x 347

In Re: Dauberman

U.S. Courts of Appeals

Decided April 14, 2011

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U.S. Courts of Appeals · decided 2011-04-14

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on In Re Diana R Beard et Als

Decided 2011-04-14

¶1 Petition denied by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3 Wendy B. Dauberman has petitioned this court for a writ of mandamus. In her petition, Dauberman asserts that the Government has refused to respond to her 28 U.S.C.A. § 2255 (West Supp.2010) motion and asks that this court order the district court to rule on her “unopposed” § 2255 motion. The writ of mandamus is a drastic remedy and should be granted only in those extraordinary situations when no other remedy is available. In re, Beard, 811 F.2d 818, 826 (4th Cir.1987). Our review of the district court’s docket reveals that the Government filed its response to Dauberman’s § 2255 motion on August 20, 2010, and thus Dauberman’s motion has been ripe for the district court’s consideration for less than eight months. Accordingly, we conclude that there has been no undue delay in processing Dauberman’s motion and therefore deny the petition for mandamus relief without prejudice to Dau-berman’s right to refile 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.

¶4 PETITION DENIED.

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