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

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    Ronald Eric Marshall filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his motion for reconsideration of an order denying relief on his 28 U.S.C. § 2255 motion. The court of appeals denied the petition as moot, noting that the district court had entered an order on March 6, 2009 denying Marshall's motion for reconsideration, so there was no longer any delay to remedy. The court also granted Marshall's application to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2009-10-22 Precedential Status: Non-Precedential Docket: 09-1159

    Original Title

    In re: Marshall v., 4th Cir. (2009)

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    Ronald Eric Marshall filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his motion for reconsideration of an order denying relief on his 28 U.S.C. § 2255 motion. The court of appeals denied the petition as moot, noting that the district court had entered an order on March 6, 2009 denying Marshall's motion for reconsideration, so there was no longer any delay to remedy. The court also granted Marshall's application to proceed in forma pauperis and dispensed with oral argument.

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    0 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Ronald Eric Marshall filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his motion for reconsideration of an order denying relief on his 28 U.S.C. § 2255 motion. The court of appeals denied the petition as moot, noting that the district court had entered an order on March 6, 2009 denying Marshall's motion for reconsideration, so there was no longer any delay to remedy. The court also granted Marshall's application to proceed in forma pauperis and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-1159

    In Re:

    RONALD ERIC MARSHALL,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    September 18, 2009

    (1:04-cv-00465-BEL)

    Decided:

    October 22, 2009

    Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Ronald Eric Marshall, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ronald Eric Marshall petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his
    motion for reconsideration of a prior order denying relief on
    his 28 U.S.C. 2255 (2006) motion.
    district

    court

    entered

    Marshalls motion.

    an

    order

    The record reveals that the


    on

    March

    6,

    2009,

    denying

    In light of this action by the district

    court we deny Marshalls mandamus petition as moot.

    We grant

    Marshalls application for leave to proceed in forma pauperis,


    and 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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