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  • In Re: McLean, 4th Cir. (2010)

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    The petitioner filed a writ of mandamus alleging undue delay by the district court in acting on his 18 U.S.C. § 3582 motion. While the appellate court found the delay was not unreasonable, it denied the mandamus petition without prejudice in case the district court does not act expeditiously. The petitioner was granted leave to proceed in forma pauperis and the court dispensed with oral argument.

    Original Description:

    Filed: 2010-05-26 Precedential Status: Non-Precedential Docket: 10-1051

    Original Title

    In re: McLean, 4th Cir. (2010)

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    The petitioner filed a writ of mandamus alleging undue delay by the district court in acting on his 18 U.S.C. § 3582 motion. While the appellate court found the delay was not unreasonable, it denied the mandamus petition without prejudice in case the district court does not act expeditiously. The petitioner was granted leave to proceed in forma pauperis and the court dispensed with oral argument.

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    4 views2 pages

    In Re: McLean, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    The petitioner filed a writ of mandamus alleging undue delay by the district court in acting on his 18 U.S.C. § 3582 motion. While the appellate court found the delay was not unreasonable, it denied the mandamus petition without prejudice in case the district court does not act expeditiously. The petitioner was granted leave to proceed in forma pauperis and the court dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-1051

    In Re:

    CLEVELAND MCLEAN, JR.,


    Petitioner.

    On Petition for Writ of Mandamus.


    (2:90-cr-00105; 2:08-cv-00588)

    Submitted:

    May 20, 2010

    Decided:

    May 26, 2010

    Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Cleveland McLean, Jr., Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Cleveland

    McLean,

    Jr.,

    petitions

    for

    writ

    of

    mandamus, alleging the district court has unduly delayed acting


    on his 18 U.S.C. 3582 (2006) motion.

    He seeks an order from

    this court directing the district court to act.

    Although we

    find that mandamus relief is not warranted because the delay is


    not

    unreasonable,

    prejudice

    to

    the

    we

    deny

    filing

    of

    the

    mandamus

    another

    mandamus

    district court does not act expeditiously.


    proceed

    in

    forma

    pauperis.

    We

    petition

    dispense

    petition

    without
    if

    the

    We grant leave to
    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

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