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968 F.2d 1211

Docket No. 92-8026.

In Re: Charles E. Richey

Fourth Circuit Court of Appeals

Submitted: April 14, 1992 Decided: July 8, 1992

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Fourth Circuit Court of Appeals · decided 1992-07-08

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Charles L. Reynard, Jr. v. Montgomery County Jail Lieutenant Keys

Opinion by Per Curiam · Decided 1992-07-08

On Petition for Writ of Mandamus.

Charles E. Richey, Petitioner Pro Se.

PETITION DENIED.

Before MURNAGHAN, NIEMEYER, and WILLIAMS, Circuit Judges.

OPINION

PER CURIAM:

¶1

Charles Richey, a South Carolina inmate, filed this mandamus petition alleging delay and seeking to compel the district court to act on his 42 U.S.C. § 1983 (1988) Complaint, pending before the district court since September 1989. The district court docket sheet reveals, however, that the Magistrate Judge issued a Report and Recommendation as recently as March 20, 1992. We therefore deny Richey's petition for mandamus relief, as there has been no significant delay. Although we grant leave to proceed in forma pauperis, 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.

PETITION DENIED

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

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