
Wednesday, August 17, 2022 4:51:11 PM
A glimmer of hope ,,, Last few lines regarding the SEC making a decision within months??? They can rule against them within hours and take 2 1/2 years to review the infomration they orginally made regardiing the suspension. HAHA
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 22-1021 September Term, 2021
SEC-Rel34-88789
Filed On: June 29, 2022
In re: Nano Magic Holdings, Inc.,
Petitioner
BEFORE: Henderson, Wilkins, and Katsas, Circuit Judges
O R D E R Upon consideration of the petition for writ of mandamus, the opposition thereto, and the reply, it is ORDERED that the petition for writ of mandamus be dismissed as moot in part and denied in part. Insofar as petitioner seeks a writ of mandamus compelling the Securities and Exchange Commission (“SEC”) to resolve its motion to compel, the petition is moot. See In re Nano Magic Inc., Release No. 94818, 2022 WL 1288188 (Apr. 28, 2022) (denying motion to compel). Insofar as petitioner seeks a writ of mandamus compelling the SEC to rule on petitioner’s petition to terminate the trading suspension, the petition is denied. Petitioner has not shown that the SEC’s delay at this time is so egregious or unreasonable as to warrant the extraordinary remedy of mandamus. See, e.g., Telecomm. Research and Action Ctr. v. FCC, 750 F.2d 70, 79-80 (D.C. Cir. 1984). In addition, the SEC has indicated that it has made significant progress towards a decision on the petition to terminate and expects to issue a decision n the coming months. The denial is without prejudice to refiling in the event of significant additional delay. Pursuant to D.C. Circuit Rule 36, this disposition will not be published.
Per Curiam
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