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  • In Re: Cruz V., 4th Cir. (2007)

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    Juan Carlos Cruz filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2241 petition. The appeals court reviewed the docket and found that the district court had recently entered an order adopting the magistrate's report, denying Cruz's petition. As the case had now been decided, the appeals court denied the mandamus petition as moot and granted leave to proceed in forma pauperis without oral argument.

    Original Description:

    Filed: 2007-05-14 Precedential Status: Non-Precedential Docket: 07-6074

    Original Title

    In Re: Cruz v., 4th Cir. (2007)

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    Juan Carlos Cruz filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2241 petition. The appeals court reviewed the docket and found that the district court had recently entered an order adopting the magistrate's report, denying Cruz's petition. As the case had now been decided, the appeals court denied the mandamus petition as moot and granted leave to proceed in forma pauperis without oral argument.

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    In Re: Cruz V., 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    Juan Carlos Cruz filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2241 petition. The appeals court reviewed the docket and found that the district court had recently entered an order adopting the magistrate's report, denying Cruz's petition. As the case had now been decided, the appeals court denied the mandamus petition as moot and granted leave to proceed in forma pauperis without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6074

    In Re:

    JUAN CARLOS CRUZ,

    Petitioner.

    On Petition for a Writ of Mandamus.


    (0:05-cv-02428-RBH)

    Submitted: May 10, 2007

    Decided:

    May 14, 2007

    Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Juan Carlos Cruz, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Juan Carlos Cruz petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his 28
    U.S.C. 2241 (2000) petition.

    He seeks an order from this court

    directing the district court to act.

    Our review of the docket

    sheet reveals that the district court entered an order adopting the
    magistrate judges report and recommendation and denying relief on
    Cruzs petition.

    Accordingly, because the district court has

    recently decided Cruzs case, we deny the mandamus petition as


    moot.

    We grant leave to proceed in forma pauperis.

    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

    - 2 -

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