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  • In Re: Layton V., 4th Cir. (2002)

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    Timothy Layton filed a petition for a writ of mandamus asking the appellate court to direct the district court to rule on his habeas corpus petition. While the appellate court found the delay was not unreasonable, it denied the petition without prejudice, allowing Layton to file a new petition if the district court did not act expeditiously on his habeas petition. The appellate court also granted Layton in forma pauperis status and dispensed with oral argument.

    Original Description:

    Filed: 2002-08-01 Precedential Status: Non-Precedential Docket: 02-6987

    Original Title

    In Re: Layton v., 4th Cir. (2002)

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    Timothy Layton filed a petition for a writ of mandamus asking the appellate court to direct the district court to rule on his habeas corpus petition. While the appellate court found the delay was not unreasonable, it denied the petition without prejudice, allowing Layton to file a new petition if the district court did not act expeditiously on his habeas petition. The appellate court also granted Layton in forma pauperis status and dispensed with oral argument.

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    2 views2 pages

    In Re: Layton V., 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    Timothy Layton filed a petition for a writ of mandamus asking the appellate court to direct the district court to rule on his habeas corpus petition. While the appellate court found the delay was not unreasonable, it denied the petition without prejudice, allowing Layton to file a new petition if the district court did not act expeditiously on his habeas petition. The appellate court also granted Layton in forma pauperis status and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6987

    In Re:

    TIMOTHY LAYTON,
    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    July 19, 2002

    (CA-00-28)

    Decided:

    August 1, 2002

    Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.


    Timothy Layton, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Timothy Layton has filed a petition for a writ of mandamus,
    asking this Court to direct the district court to rule on his 28
    U.S.C.A. 2254 (West 1994 & Supp. 2002) petition based on undue
    delay.

    Although we find that mandamus relief is not warranted

    because the delay is not unreasonable, we deny Laytons petition


    for a writ of mandamus without prejudice to his ability to file a
    new petition for mandamus relief if the district court does not act
    expeditiously.

    We grant leave to proceed in forma pauperis.

    We

    dispense with oral argument because the facts and legal contentions
    are adequately presented in the mandamus before the court and
    argument would not aid the decisional process.

    PETITION DENIED

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