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  • In Re Shawn Kelly, 14 F.3d 595, 4th Cir. (1994)

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    This document is a court ruling on a petition for a writ of mandamus. In 3 sentences: The petitioner Shawn Kelly had filed motions in district court under 28 U.S.C. Sec. 2255 and for related relief that the district court had not ruled on, so he petitioned the appeals court for a writ of mandamus directing the district court to rule. The appeals court noted that the district court had now ruled on November 17, 1993, granting Sec. 2255 relief. Therefore, the appeals court denied the petition for a writ of mandamus as moot and granted the petitioner leave to proceed in forma pauperis.

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    Filed: 1994-01-24 Precedential Status: Non-Precedential Citations: 14 F.3d 595 Docket: 93-8054

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    This document is a court ruling on a petition for a writ of mandamus. In 3 sentences: The petitioner Shawn Kelly had filed motions in district court under 28 U.S.C. Sec. 2255 and for related relief that the district court had not ruled on, so he petitioned the appeals court for a writ of mandamus directing the district court to rule. The appeals court noted that the district court had now ruled on November 17, 1993, granting Sec. 2255 relief. Therefore, the appeals court denied the petition for a writ of mandamus as moot and granted the petitioner leave to proceed in forma pauperis.

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    1 views1 page

    In Re Shawn Kelly, 14 F.3d 595, 4th Cir. (1994)

    Uploaded by

    Scribd Government Docs
    This document is a court ruling on a petition for a writ of mandamus. In 3 sentences: The petitioner Shawn Kelly had filed motions in district court under 28 U.S.C. Sec. 2255 and for related relief that the district court had not ruled on, so he petitioned the appeals court for a writ of mandamus directing the district court to rule. The appeals court noted that the district court had now ruled on November 17, 1993, granting Sec. 2255 relief. Therefore, the appeals court denied the petition for a writ of mandamus as moot and granted the petitioner leave to proceed in forma pauperis.

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    of 1

    14 F.

    3d 595

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    In re Shawn KELLY, Petitioner.
    No. 93-8054.

    United States Court of Appeals, Fourth Circuit.


    Submitted Dec. 16, 1993.
    Decided Jan. 24, 1994.

    On Petition for Writ of Mandamus.


    Shawn Kelly, Petitioner Pro Se.
    PETITION DENIED.
    Before HALL and NIEMEYER, Circuit Judges, and SPROUSE, Senior
    Circuit Judge.
    PER CURIAM:

    Shawn Kelly petitions this Court for a Writ of Mandamus directing the district
    court to rule on his motion made under 28 U.S.C. Sec. 2255 (1988), his motion
    to set an evidentiary hearing, appoint counsel, and grant leave to conduct
    discovery, or his motion for default judgment. The record discloses that the
    district court issued an order granting Sec. 2255 relief on November 17, 1993.
    Because his petition is now moot, we deny Kelly's application for a Writ of
    Mandamus and grant leave to proceed in forma pauperis.

    PETITION DENIED.

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