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97 F. App'x 448

In Re: Brown v.

U.S. Courts of Appeals

Decided May 26, 2004

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U.S. Courts of Appeals · decided 2004-05-26

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

Relies on In Re First Federal Savings And Loan Association Of Durham

Decided 2004-05-26

PER CURIAM:

¶1 Jimmy O’Neal Brown has filed a petition for writ of mandamus seeking an order directing the district court to rule on his motion to retest drug-related evidence. After filing his retest motion, Brown filed a 28 U.S.C. § 2255 (2000) motion, reiterating his retest claims and raising several others. Because Brown can seek the relief he desires in his § 2255 proceeding, which is still pending in district court, mandamus relief is not warranted. See In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.1988) (holding that mandamus relief is precluded if there are other adequate remedies). We grant Brown’s motion to proceed in forma pauperis and deny the petition for writ of mandamus. 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

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