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43 F. App'x 695

In Re: Taylor v.

U.S. Courts of Appeals

Decided August 26, 2002

U.S. Courts of Appeals · decided 2002-08-26

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on In Re Diana R Beard et Als

Decided 2002-08-26

PER CURIAM.

¶1 Donald Lee Taylor, Jr., filed a petition for a writ of mandamus alleging undue delay in the district court. Taylor filed a habeas corpus petition pursuant to 28 U.S.C. § 2254 (West 2000) on July 18, 2001. The action was returned to a magistrate judge on January 11, 2002. The writ of mandamus is a drastic remedy and should only be granted in those extraordinary situations when no other remedy is available. In re: Beard, 811 F.2d 818, 826 (4th Cir.1987). Because the matter has been pending before a magistrate judge for just over six months, we find that there has been no undue delay in processing Taylor’s petition. We therefore deny the petition for mandamus relief without prejudice to Taylor’s right to refile if the district court does not act forthwith. We grant Taylor’s motion to proceed in forma pauperis in this court.

¶2 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.

¶3 PETITION DENIED.

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