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Richard Allen Smith Jr. filed a petition for a writ of mandamus alleging undue delay by the district court in acting on two of his motions for relief under Rule 60. The Fourth Circuit denied the petition, finding that the delay was not unreasonable. However, the denial was without prejudice to filing another mandamus petition if the district court does not act expeditiously. Smith was granted leave to proceed in forma pauperis and the court dispensed with oral argument.

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