¶1 Floyd Junior “Dick” Powell petitions for writ of mandamus requesting that this Court compel the district court to act on his pending 28 U.S.C. § 2255 (2000) motion. Because the district court has acted in Powell’s § 2255 action as recently as November 2003, we find no undue delay. Accordingly, although we grant leave to proceed in forma pauperis, we deny the mandamus 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.
¶2 PETITION DENIED