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  • In Re Darwin Rusty Siers, 900 F.2d 255, 4th Cir. (1990)

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    Darwin Rusty Siers filed a petition for a writ of mandamus in the Fourth Circuit Court of Appeals regarding delay in the district court ruling on his 28 U.S.C. § 2255 petition. The Fourth Circuit denied the petition for writ of mandamus, finding that there had been significant action on the case in the district court as recently as February 1990, and thus no undue delay. The Fourth Circuit also denied oral arguments, as the relevant facts and legal issues were adequately presented in the case materials.

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    Filed: 1990-03-29 Precedential Status: Non-Precedential Citations: 900 F.2d 255 Docket: 89-8048

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    Darwin Rusty Siers filed a petition for a writ of mandamus in the Fourth Circuit Court of Appeals regarding delay in the district court ruling on his 28 U.S.C. § 2255 petition. The Fourth Circuit denied the petition for writ of mandamus, finding that there had been significant action on the case in the district court as recently as February 1990, and thus no undue delay. The Fourth Circuit also denied oral arguments, as the relevant facts and legal issues were adequately presented in the case materials.

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    In Re Darwin Rusty Siers, 900 F.2d 255, 4th Cir. (1990)

    Uploaded by

    Scribd Government Docs
    Darwin Rusty Siers filed a petition for a writ of mandamus in the Fourth Circuit Court of Appeals regarding delay in the district court ruling on his 28 U.S.C. § 2255 petition. The Fourth Circuit denied the petition for writ of mandamus, finding that there had been significant action on the case in the district court as recently as February 1990, and thus no undue delay. The Fourth Circuit also denied oral arguments, as the relevant facts and legal issues were adequately presented in the case materials.

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    of 1

    900 F.

    2d 255
    Unpublished Disposition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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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 Darwin Rusty SIERS, Petitioner.
    No. 89-8048.

    United States Court of Appeals, Fourth Circuit.


    Submitted: March 13, 1990.
    Decided: March 29, 1990.

    On Petition for Writ of Mandamus.


    Darwin Rusty Siers, petitioner pro se.
    PETITION DENIED.
    Before K.K. HALL, MURNAGHAN and CHAPMAN, Circuit Judges.
    PER CURIAM:

    Darwin Rusty Siers filed this petition for writ of mandamus complaining of
    delay in the district court in acting on his 28 U.S.C. Sec. 2255 petition. Because
    there has been significant action in the district court as recently as February
    1990, we hold that there has been no undue delay in the district court.
    Therefore, although we grant leave to proceed in forma pauperis, we deny the
    petition for writ of mandamus. 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 the decisional process.
    PETITION DENIED

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