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  • In Re: Marshall Parker V., 4th Cir. (2014)

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    The Fourth Circuit Court of Appeals denied Marshall Jermaine Parker's petition for a writ of mandamus. Parker had alleged that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion to vacate his sentence. However, the Fourth Circuit's review revealed that the district court had recently granted Parker's § 2255 motion on January 23, 2014. As such, the Fourth Circuit denied the mandamus petition as moot since the district court had already decided Parker's case.

    Original Description:

    Filed: 2014-02-26 Precedential Status: Non-Precedential Docket: 14-1033

    Original Title

    In Re: Marshall Parker v., 4th Cir. (2014)

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    The Fourth Circuit Court of Appeals denied Marshall Jermaine Parker's petition for a writ of mandamus. Parker had alleged that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion to vacate his sentence. However, the Fourth Circuit's review revealed that the district court had recently granted Parker's § 2255 motion on January 23, 2014. As such, the Fourth Circuit denied the mandamus petition as moot since the district court had already decided Parker's case.

    Copyright:

    Public Domain
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    2 views2 pages

    In Re: Marshall Parker V., 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The Fourth Circuit Court of Appeals denied Marshall Jermaine Parker's petition for a writ of mandamus. Parker had alleged that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion to vacate his sentence. However, the Fourth Circuit's review revealed that the district court had recently granted Parker's § 2255 motion on January 23, 2014. As such, the Fourth Circuit denied the mandamus petition as moot since the district court had already decided Parker's case.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-1033

    In Re:

    MARSHALL JERMAINE PARKER,


    Petitioner.

    On Petition for Writ of Mandamus.


    (1:07-cr-00058-NCT-1; 1:13-cv-00628-NCT-JEP)

    Submitted:

    February 20, 2014

    Decided:

    February 26, 2014

    Before DUNCAN, DIAZ, and FLOYD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Marshall Jermaine Parker, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Marshall

    Jermaine

    Parker

    petitions

    for

    writ

    of

    mandamus, alleging the district court has unduly delayed acting


    on his 28 U.S.C. 2255 (2012) motion to vacate his sentence.
    He seeks an order from this court directing the district court
    to act.
    the

    Our review of the district courts docket reveals that

    district

    States
    2014).

    v.

    court

    Parker,

    has
    No.

    granted

    Parkers

    1:07-cr-00058-NCT-1

    motion.

    See

    (M.D.N.C.

    United

    Jan.

    23,

    Accordingly, because the district court has recently

    decided Parkers case, we deny the mandamus petition as moot.


    We grant leave to proceed in forma pauperis.
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    We dispense with
    contentions
    this

    court

    are
    and

    argument would not aid the decisional process.


    PETITION DENIED

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