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  • In Re: Eddie McNeill, 4th Cir. (2011)

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    Eddie Lavon McNeill filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his Rule 59(e) motion. The court of appeals reviewed the district court docket and found that the district court had denied McNeill's motion on March 25, 2011. Therefore, the court denied the mandamus petition as moot since the district court had recently adjudicated the Rule 59(e) motion. The court also granted McNeill's motion to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2011-06-23 Precedential Status: Non-Precedential Docket: 10-1948

    Original Title

    In re: Eddie McNeill, 4th Cir. (2011)

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    Eddie Lavon McNeill filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his Rule 59(e) motion. The court of appeals reviewed the district court docket and found that the district court had denied McNeill's motion on March 25, 2011. Therefore, the court denied the mandamus petition as moot since the district court had recently adjudicated the Rule 59(e) motion. The court also granted McNeill's motion to proceed in forma pauperis and dispensed with oral argument.

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    2 views2 pages

    In Re: Eddie McNeill, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    Eddie Lavon McNeill filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his Rule 59(e) motion. The court of appeals reviewed the district court docket and found that the district court had denied McNeill's motion on March 25, 2011. Therefore, the court denied the mandamus petition as moot since the district court had recently adjudicated the Rule 59(e) motion. The court also granted McNeill's motion to proceed in forma pauperis and dispensed with oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-1948

    In Re:

    EDDIE LAVON MCNEILL,


    Petitioner.

    On Petition for Writ of Mandamus.


    (1:04-cr-00126-NCT-1; 1:08-cv-00261-NCT-PTS)

    Submitted:

    May 24, 2011

    Decided:

    June 23, 2011

    Before MOTZ, KING, and SHEDD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Eddie Lavon McNeill, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Eddie Lavon McNeill petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his
    Fed. R. Civ. P. 59(e) motion.

    He seeks an order from this court

    directing the district court to act.

    Our review of the district

    courts docket reveals that the district court denied McNeills


    motion on March 25, 2011.

    Accordingly, because the district

    court has recently adjudicated McNeills Rule 59(e) motion, we


    deny the mandamus petition as moot.
    to proceed in forma pauperis.

    We grant McNeills motion

    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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