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  • In Re: Smith V., 4th Cir. (2008)

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    Noah Smith, III filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit reviewed the docket sheet and found that Smith had voluntarily withdrawn his § 2255 motion on August 22, 2008. As a result, the court denied the mandamus petition as moot since the underlying § 2255 motion was no longer pending.

    Original Description:

    Filed: 2008-09-26 Precedential Status: Non-Precedential Docket: 07-2147

    Original Title

    In Re: Smith v., 4th Cir. (2008)

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    Noah Smith, III filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit reviewed the docket sheet and found that Smith had voluntarily withdrawn his § 2255 motion on August 22, 2008. As a result, the court denied the mandamus petition as moot since the underlying § 2255 motion was no longer pending.

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    2 views2 pages

    In Re: Smith V., 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    Noah Smith, III filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit reviewed the docket sheet and found that Smith had voluntarily withdrawn his § 2255 motion on August 22, 2008. As a result, the court denied the mandamus petition as moot since the underlying § 2255 motion was no longer pending.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-2147

    In Re:

    NOAH SMITH, III,

    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    September 9, 2008

    (4:05-cv-02903-TLW)

    Decided:

    September 26, 2008

    Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

    Petition denied as moot by unpublished per curiam opinion.

    Noah Smith, III, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Noah Smith, III, petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his 28
    U.S.C. 2255 (2000) motion.

    He seeks an order from this court

    directing the district court to act.

    Our review of the docket

    sheet reveals that Smith voluntarily withdrew his 2255 motion on


    August 22, 2008.
    moot.

    Accordingly, we deny the mandamus petition as

    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 AS MOOT

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