In re: Martinez Orlandis Black

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-1707
In re: MARTINEZ ORLANDIS BLACK,
Petitioner.
On Petition for Writ of Mandamus to the United States District Court for the Western
District of North Carolina, at Charlotte. (3:23-cv-00705-MR)
Submitted: August 21, 2025 Decided: August 26, 2025
Before WILKINSON, HARRIS, and RICHARDSON, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Martinez Orlandis Black, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Martinez Orlandis Black petitions for a writ of mandamus, alleging that, in March
2025, the district court ordered the Respondent in the underlying habeas proceeding to
respond to Black’s 28 U.S.C. § 2254 petition but, as of June 17, 2025, neither Respondent
nor the district court has acted. We construe Black’s petition as seeking an order from this
court directing the district court and Respondent to act on the § 2254 petition.
Our review of the district court’s docket reveals that the district court granted
Respondent an extension of time—until July 23, 2025—to file a response to the habeas
petition. On July 21, 2025, Respondent filed a second motion for an extension of time and
that motion has also been granted by the district court, affording Respondent until August
22, 2025, to respond to Black’s § 2254 petition. Thus, to the extent that Black asks us to
direct Respondent to respond to the § 2254 petition, or asks this court to order the district
court to decide the § 2254 petition, the present record reveals no undue delay in Black’s
habeas proceeding.
We therefore deny the mandamus 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

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