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  • In Re: Horton V., 4th Cir. (2005)

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    John Horton filed a petition for a writ of mandamus with the US Court of Appeals alleging undue delay by the district court in acting on his petition for expungement of records. The Court of Appeals denied the mandamus petition, finding that the delay was not unreasonable, but did so without prejudice in case the district court does not act expeditiously in the future. Horton's motion to proceed in forma pauperis was granted and oral arguments were dispensed with.

    Original Description:

    Filed: 2005-06-14 Precedential Status: Non-Precedential Docket: 05-1347

    Original Title

    In Re: Horton v., 4th Cir. (2005)

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    John Horton filed a petition for a writ of mandamus with the US Court of Appeals alleging undue delay by the district court in acting on his petition for expungement of records. The Court of Appeals denied the mandamus petition, finding that the delay was not unreasonable, but did so without prejudice in case the district court does not act expeditiously in the future. Horton's motion to proceed in forma pauperis was granted and oral arguments were dispensed with.

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    Public Domain
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    1 views2 pages

    In Re: Horton V., 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    John Horton filed a petition for a writ of mandamus with the US Court of Appeals alleging undue delay by the district court in acting on his petition for expungement of records. The Court of Appeals denied the mandamus petition, finding that the delay was not unreasonable, but did so without prejudice in case the district court does not act expeditiously in the future. Horton's motion to proceed in forma pauperis was granted and oral arguments were dispensed with.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-1347

    In Re:

    JOHN D. HORTON,
    Petitioner.

    On Petition for Writ of Mandamus.


    (MC-04-13)

    Submitted:

    June 9, 2005

    Decided:

    June 14, 2005

    Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    John D. Horton, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    John D. Horton petitions for writ of mandamus, alleging
    the district court has unduly delayed acting on his petition for
    expungement

    of

    records.

    He

    seeks

    an

    directing the district court to act.


    mandamus

    relief

    is

    not

    warranted

    order

    from

    this

    court

    Although we find that

    because

    the

    delay

    is

    not

    unreasonable, we deny the mandamus petition without prejudice to


    the filing of another mandamus petition if the district court does
    not act expeditiously.

    We grant Hortons motion for leave to

    proceed in forma pauperis.

    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

    - 2 -

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