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  • In Re: Vicente Mbenga V., 4th Cir. (2014)

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    The petitioner, Vicente Bilora Mbenga, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his motion under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals found no undue delay based on the current record. It denied the petition and granted leave to proceed in forma pauperis, dispensing with oral argument because the facts and legal issues were adequately presented in the court materials.

    Original Description:

    Filed: 2014-09-02 Precedential Status: Non-Precedential Docket: 14-1528

    Original Title

    In Re: Vicente Mbenga v., 4th Cir. (2014)

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    The petitioner, Vicente Bilora Mbenga, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his motion under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals found no undue delay based on the current record. It denied the petition and granted leave to proceed in forma pauperis, dispensing with oral argument because the facts and legal issues were adequately presented in the court materials.

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    0 views2 pages

    In Re: Vicente Mbenga V., 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The petitioner, Vicente Bilora Mbenga, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his motion under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals found no undue delay based on the current record. It denied the petition and granted leave to proceed in forma pauperis, dispensing with oral argument because the facts and legal issues were adequately presented in the court materials.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-1528

    In re: VICENTE BILORA MBENGA,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    August 28, 2014

    (1:09-cr-00548-RDB-6)

    Decided:

    September 2, 2014

    Before WILKINSON, KING, and DUNCAN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Vicente Bilora Mbenga, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Vicente

    Bilora

    Mbenga

    petitions

    for

    writ

    of

    mandamus, alleging that the district court has unduly delayed in


    ruling on his motion filed pursuant to 28 U.S.C. 2255 (2012).
    He seeks an order from this court directing the district court
    to act.

    We find the present record does not reveal undue delay

    in the district court.

    Accordingly, we grant leave to proceed

    in forma pauperis and 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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