Source: United States Court of Appeals for the Fourth Circuit
Date: 2002-01-02
Jurisdiction: United States
Docket: No. 01-7426
Citation: 22 F. App'x 335
Opinion
PER CURIAM. Henry T. Batiste has filed a petition for a writ of mandamus, requesting this court to direct the district court to expedite its review of his 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001) petition. However, there is currently a motion for
summary judgment pending in the case that had only been fully briefed for two months when Batiste filed his petition in August 2001. In addition, due to Batiste’s appeal of the denial of his motion for bail pending a decision in this case, the district court was without the record from June 8 to November 28, 2001. Mandamus is a drastic remedy to be used only in extraordinary circumstances. Kerr v. United States Dist. Ct., 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976).
Because there has been no extraordinary delay at this point in the case, we grant Batiste’s motion to proceed in forma pauperis and deny his petition for mandamus relief. 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.