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

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    The United States Court of Appeals for the Fourth Circuit dismissed Stephen McClelland's petition for a writ of mandamus seeking to compel the district court to order the state to respond to his objections in his habeas corpus petition. The court dismissed the mandamus petition as moot because the district court had already disposed of McClelland's habeas petition. The court also denied McClelland's motion to proceed in forma pauperis.

    Original Description:

    Filed: 2002-08-22 Precedential Status: Non-Precedential Docket: 02-6796

    Original Title

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

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    The United States Court of Appeals for the Fourth Circuit dismissed Stephen McClelland's petition for a writ of mandamus seeking to compel the district court to order the state to respond to his objections in his habeas corpus petition. The court dismissed the mandamus petition as moot because the district court had already disposed of McClelland's habeas petition. The court also denied McClelland's motion to proceed in forma pauperis.

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    1 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Stephen McClelland's petition for a writ of mandamus seeking to compel the district court to order the state to respond to his objections in his habeas corpus petition. The court dismissed the mandamus petition as moot because the district court had already disposed of McClelland's habeas petition. The court also denied McClelland's motion to proceed in forma pauperis.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6796

    In Re:

    STEPHEN E. MCCLELLAND,
    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    July 3, 2002

    (CA-01-105-2)

    Decided:

    August 22, 2002

    Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Stephen E. McClelland, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Stephen E. McClelland has filed in this court a petition for
    a writ of mandamus, seeking to compel the district court to order
    the state to respond to his objections to the magistrate judges
    recommendation regarding his petition filed under 28 U.S.C.A.
    2254 (West 1994 & Supp. 2002).

    Because the district court has

    disposed of McClellands 2254 petition, we deny his motion to


    proceed in forma pauperis and dismiss the mandamus petition as
    moot.

    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.

    DISMISSED

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