Source: United States Court of Appeals for the Fourth Circuit
Date: 2017-07-31
Jurisdiction: United States
Docket: No. 17-1561
Citation: 694 F. App'x 141
Opinion
Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Larry D. Hill, Jr., petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his Fed. R. Civ. P. 60(
d) motion filed on April 17, 2017. However, Hill did not file a Rule 60(
d) motion on April 17, 2017, and the district court has since dismissed Hill’s Rule 60(
d) motion filed on May 8, 2017. Additionally, insofar as Hill claims in his petition that newly discovered evidence proves he is actually innocent of his convictions, there are “other adequate mpans” for Hill to attain the relief sought. See In re Braxton, 258 F.3d 250, 261 (4th Cir. 2001). Accordingly, we grant Hill leave to proceed in forma pauperis and deny the petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED