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  • In Re: Michael McRae, 4th Cir. (2012)

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    The petitioner, Michael Scott McRae, filed a petition for a writ of mandamus alleging that the district court unduly delayed ruling on his January 26, 1998 motion to dismiss the indictment against him. The court of appeals reviewed the district court's docket and found that the district court had denied McRae's motion to dismiss on February 13, 1998. Therefore, the court of appeals denied the petition for a writ of mandamus as moot since the district court had already ruled on the motion.

    Original Description:

    Filed: 2012-11-26 Precedential Status: Non-Precedential Docket: 12-1962

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    The petitioner, Michael Scott McRae, filed a petition for a writ of mandamus alleging that the district court unduly delayed ruling on his January 26, 1998 motion to dismiss the indictment against him. The court of appeals reviewed the district court's docket and found that the district court had denied McRae's motion to dismiss on February 13, 1998. Therefore, the court of appeals denied the petition for a writ of mandamus as moot since the district court had already ruled on the motion.

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    In Re: Michael McRae, 4th Cir. (2012)

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    Scribd Government Docs
    The petitioner, Michael Scott McRae, filed a petition for a writ of mandamus alleging that the district court unduly delayed ruling on his January 26, 1998 motion to dismiss the indictment against him. The court of appeals reviewed the district court's docket and found that the district court had denied McRae's motion to dismiss on February 13, 1998. Therefore, the court of appeals denied the petition for a writ of mandamus as moot since the district court had already ruled on the motion.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-1962

    In re: MICHAEL SCOTT MCRAE,


    Petitioner.

    On Petition for Writ of Mandamus.


    (No. 5:97-cr-00094-H-6)

    Submitted:

    November 20, 2012

    Before TRAXLER,
    Judges.

    Chief

    Judge,

    Decided: November 26, 2012

    and

    SHEDD

    and

    FLOYD,

    Circuit

    Petition denied by unpublished per curiam opinion.

    Michael Scott McRae, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Michael Scott McRae, a federal prisoner, petitions for
    a writ of mandamus, alleging that the district court has unduly
    delayed acting on his January 26, 1998 motion to dismiss the
    indictment then pending against him.

    He seeks an order from

    this court directing the district court to act.


    the

    district

    denied

    courts

    McRaes

    docket

    motion

    by

    reveals

    order

    that

    entered

    the

    Our review of
    district

    February

    13,

    court
    1998.

    Accordingly, because the district court has ruled on McRaes


    motion, we deny the mandamus petition and the amended mandamus
    petition as moot.

    We grant leave to proceed in forma pauperis

    and deny McRaes motion seeking leave to file out of time in the
    district
    facts

    court.

    and

    materials

    legal
    before

    We

    dispense

    contentions
    the

    court

    with

    oral

    argument

    are

    adequately

    and

    argument

    because

    presented

    would

    not

    the

    in

    the

    aid

    the

    decisional process.

    PETITION DENIED

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