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  • In Re Ronald Graham, 914 F.2d 248, 4th Cir. (1990)

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    Ronald Graham filed a petition for a writ of mandamus seeking to compel a magistrate to act on his 42 U.S.C. § 1983 lawsuit. The court denied the petition because less than six months had passed since the magistrate last acted in April 1990, and therefore the magistrate had not unduly delayed acting on the suit. The court denied mandamus relief and oral argument was not required as the facts and legal issues were clear based on the filed materials.

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    Filed: 1990-09-18 Precedential Status: Non-Precedential Citations: 914 F.2d 248 Docket: 90-8025

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    Ronald Graham filed a petition for a writ of mandamus seeking to compel a magistrate to act on his 42 U.S.C. § 1983 lawsuit. The court denied the petition because less than six months had passed since the magistrate last acted in April 1990, and therefore the magistrate had not unduly delayed acting on the suit. The court denied mandamus relief and oral argument was not required as the facts and legal issues were clear based on the filed materials.

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    In Re Ronald Graham, 914 F.2d 248, 4th Cir. (1990)

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    Ronald Graham filed a petition for a writ of mandamus seeking to compel a magistrate to act on his 42 U.S.C. § 1983 lawsuit. The court denied the petition because less than six months had passed since the magistrate last acted in April 1990, and therefore the magistrate had not unduly delayed acting on the suit. The court denied mandamus relief and oral argument was not required as the facts and legal issues were clear based on the filed materials.

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    of 1

    914 F.

    2d 248
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    In re Ronald GRAHAM, Petitioner.
    No. 90-8025.

    United States Court of Appeals, Fourth Circuit.


    Submitted Aug. 27, 1990.
    Decided Sept. 18, 1990.

    On Petition for Writ of Mandamus.


    Ronald Graham, appellant pro se.
    PETITION DENIED.
    Before SPROUSE and WILKINS, Circuit Judges, and BUTZNER, Senior
    Circuit Judge.
    PER CURIAM:

    Ronald Graham brought this mandamus petition seeking an order directing the
    magistrate to act in his 42 U.S.C. Sec. 1983 suit. The magistrate last acted in
    April 1990. Because it has been less than six months since the magistrate acted,
    we hold that the magistrate has not unduly delayed acting on Graham's suit. We
    therefore grant permission to proceed in forma pauperis and deny mandamus
    relief. We dispense with oral argument because the facts and legal contentions
    are adequately presented in the materials before the Court and argument would
    not significantly aid in the decisional process.

    PETITION DENIED.

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