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  • In Re: Roberts V., 4th Cir. (2009)

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    Vernon Roberts filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 petition. The appellate court reviewed the district court docket and found that the district court had denied Roberts's § 2254 petition on February 18, 2009. Therefore, because the district court had recently decided the case, the appellate court denied the mandamus petition as moot.

    Original Description:

    Filed: 2009-05-04 Precedential Status: Non-Precedential Docket: 09-1040

    Original Title

    In Re: Roberts v., 4th Cir. (2009)

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    Vernon Roberts filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 petition. The appellate court reviewed the district court docket and found that the district court had denied Roberts's § 2254 petition on February 18, 2009. Therefore, because the district court had recently decided the case, the appellate court denied the mandamus petition as moot.

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    1 views2 pages

    In Re: Roberts V., 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    Vernon Roberts filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 petition. The appellate court reviewed the district court docket and found that the district court had denied Roberts's § 2254 petition on February 18, 2009. Therefore, because the district court had recently decided the case, the appellate court denied the mandamus petition as moot.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-1040

    In Re:

    VERNON ROBERTS,
    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    April 23, 2009

    (5:08-hc-02083-FL)

    Decided:

    May 4, 2009

    Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Vernon Roberts, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Vernon

    Roberts

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed acting on his 28


    U.S.C. 2254 (2006) petition.

    He seeks an order from this

    court directing the district court to act.

    Our review of the

    district court docket sheet reveals that the court denied relief
    on Robertss 2254 petition by order entered February 18, 2009.
    Accordingly,

    because

    the

    district

    court

    has

    recently

    Robertss case, we deny the mandamus petition as moot.


    leave

    to

    proceed

    in

    forma

    pauperis.

    We

    dispense

    decided
    We grant

    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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