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81 F. App'x 790

In Re Rollins

U.S. Courts of Appeals

Decided December 3, 2003

U.S. Courts of Appeals · decided 2003-12-03

Cited by 1 later decisions — most recently December 2006

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

Relies on Kerr v. United States Dist. Court for Northern Dist. of Cal.

Good law ✅— No negative treatment on recordhow we know

Decided 2003-12-03

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PER CURIAM.

¶1 Frank Rollins petitions for a writ of mandamus, asking this Court to direct the district court to rule on his 28 U.S.C. § 2255 (2000) motion and related motions. Mandamus is a drastic remedy to be used only in extraordinary circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976). Rollins’ petition does not set forth exceptional circumstances as would warrant the issuance of a writ of mandamus at this time. Accordingly, although we grant Rollins’ motion to proceed in forma pauperis, we deny his petition for a writ of mandamus without prejudice to his ability to refile for mandamus relief if the district court does not act expeditiously. We dispense with oral argument because the facts and legal contentions are adequately presented before the district court and argument would not aid the decisional process.

¶2 PETITION DENIED

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