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  • In Re: Robert Rushie V., 4th Cir. (2013)

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    The petitioner, Robert Everton Rushie, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his November 2011 motion for reduction of sentence and appointment of counsel. The court of appeals denied the petition as moot after finding that the district court had recently denied Rushie's motion on May 30, 2013. The court dispensed with oral argument as the facts and legal contentions were adequately presented in the materials before the court.

    Original Description:

    Filed: 2013-07-18 Precedential Status: Non-Precedential Docket: 13-1498

    Original Title

    In Re: Robert Rushie v., 4th Cir. (2013)

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    The petitioner, Robert Everton Rushie, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his November 2011 motion for reduction of sentence and appointment of counsel. The court of appeals denied the petition as moot after finding that the district court had recently denied Rushie's motion on May 30, 2013. The court dispensed with oral argument as the facts and legal contentions were adequately presented in the materials before the court.

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    2 views2 pages

    In Re: Robert Rushie V., 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    The petitioner, Robert Everton Rushie, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his November 2011 motion for reduction of sentence and appointment of counsel. The court of appeals denied the petition as moot after finding that the district court had recently denied Rushie's motion on May 30, 2013. The court dispensed with oral argument as the facts and legal contentions were adequately presented in the materials before the court.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-1498

    In Re: ROBERT EVERTON RUSHIE,


    Petitioner.

    On Petition for Writ of Mandamus.


    (1:00-cr-00396-NCT-1)

    Submitted:

    July 10, 2013

    Decided:

    July 18, 2013

    Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Robert Everton Rushie, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert
    mandamus,

    Everton

    alleging

    the

    Rushie

    district

    petitions
    court

    for

    has

    unduly

    writ
    delayed

    of
    in

    acting on his November 23, 2011 motion for reduction of sentence


    and appointment of counsel.

    He seeks an order from this court

    directing the district court to act.

    Our review of the district

    courts docket reveals that the district court denied Rushies


    motion by order entered on May 30, 2013.

    Accordingly, because

    the district court has recently denied Rushies motion, we deny


    the mandamus petition as moot.
    forma

    pauperis.

    facts

    and

    materials

    legal
    before

    We

    dispense

    We grant leave to proceed in


    with

    oral

    argument

    contentions

    are

    adequately

    this

    and

    argument

    court

    because

    presented

    would

    not

    the

    in

    the

    aid

    the

    decisional process.
    PETITION DENIED

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