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  • In Re: Henry Jones, 4th Cir. (2012)

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    Henry Jones filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his "Motion to Reopen in Light of 'Simmons'". The appeals court denied the petition as moot because the district court had recently dismissed Jones' motion. To the extent Jones sought to challenge the district court's disposition of previous motions seeking relief from his conviction or sentence, mandamus was not the proper vehicle. The petition for writ of mandamus was denied.

    Original Description:

    Filed: 2012-10-17 Precedential Status: Non-Precedential Docket: 12-1864

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    Henry Jones filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his "Motion to Reopen in Light of 'Simmons'". The appeals court denied the petition as moot because the district court had recently dismissed Jones' motion. To the extent Jones sought to challenge the district court's disposition of previous motions seeking relief from his conviction or sentence, mandamus was not the proper vehicle. The petition for writ of mandamus was denied.

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    2 views2 pages

    In Re: Henry Jones, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    Henry Jones filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his "Motion to Reopen in Light of 'Simmons'". The appeals court denied the petition as moot because the district court had recently dismissed Jones' motion. To the extent Jones sought to challenge the district court's disposition of previous motions seeking relief from his conviction or sentence, mandamus was not the proper vehicle. The petition for writ of mandamus was denied.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-1864

    In Re:

    HENRY JONES,
    Petitioner.

    On Petition for Writ of Mandamus.


    (1:92-cr-00301-WDQ-2)

    Submitted:

    October 10, 2012

    Decided:

    October 17, 2012

    Before MOTZ, SHEDD, and AGEE, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Henry Jones, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Henry Jones petitions for a writ of mandamus, alleging
    the

    district

    court

    has

    unduly

    delayed

    acting

    on

    what

    captioned as a Motion to Reopen in Light of Simmons.

    he

    Jones

    seeks an order from this court directing the district court to


    act.

    Our review of the district courts docket reveals that the

    district court recently dismissed Jones motion.

    Accordingly,

    because the district court has decided Jones case, we deny the
    mandamus petition as moot.
    seeks

    to

    challenge

    the

    Further, to the extent that Jones

    district

    courts

    disposition

    of

    his

    previous motions seeking relief from his conviction or sentence,


    mandamus is not the proper vehicle for such claims.

    See In re

    United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).


    grant leave to proceed in forma pauperis.

    We

    We dispense with oral

    argument because the facts and legal contentions are adequately


    presented in the materials before the court and argument would
    not aid the decisional process.
    PETITION DENIED

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