In re: Carlos Hernandez, a/k/a Ra Saadi Lennox Hernandez El

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-2178
In re: CARLOS HERNANDEZ, a/k/a Ra Saadi Lennox Hernandez El,
Petitioner.
On Petition for Writ of Mandamus or Writ of Prohibition to the United States District Court
for the Eastern District of North Carolina, at Raleigh. (5:24-ct-03173-M-RJ)
Submitted: January 23, 2025 Decided: January 28, 2025
Before WILKINSON, WYNN, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Carlos Hernandez, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Carlos Hernandez petitions for a writ of mandamus or a writ of prohibition, alleging
that the district court has unduly delayed in ruling on his 42 U.S.C. § 1983 civil complaint.
He seeks an order from this court directing the district court to act. Mandamus is a drastic
remedy to be used only in extraordinary circumstances, and Hernandez’s petition does not
establish extraordinary circumstances warranting mandamus relief. See Cheney v. U.S.
Dist. Ct., 542 U.S. 367, 380 (2004); In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th
Cir. 2018). Moreover, because Hernandez’s complaint has only been pending for six
months, we find that there has been no undue delay in the district court. Accordingly, we
deny Hernandez’s petition for writ of mandamus or a writ of prohibition. 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

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