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  • In Re David Raymond Flora, 902 F.2d 28, 4th Cir. (1990)

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    David Raymond Flora filed a petition for a writ of mandamus to compel action on his 42 U.S.C. § 1983 petition in district court. The Fourth Circuit denied the petition, finding that the district court had taken significant action on the case as recently as January 1990, and thus there had been no undue delay that would require the issuance of a writ of mandamus. The Fourth Circuit granted Flora's request to proceed in forma pauperis but denied the petition for a writ of mandamus.

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    Filed: 1990-04-18 Precedential Status: Non-Precedential Citations: 902 F.2d 28 Docket: 90-8009

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    David Raymond Flora filed a petition for a writ of mandamus to compel action on his 42 U.S.C. § 1983 petition in district court. The Fourth Circuit denied the petition, finding that the district court had taken significant action on the case as recently as January 1990, and thus there had been no undue delay that would require the issuance of a writ of mandamus. The Fourth Circuit granted Flora's request to proceed in forma pauperis but denied the petition for a writ of mandamus.

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    In Re David Raymond Flora, 902 F.2d 28, 4th Cir. (1990)

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    David Raymond Flora filed a petition for a writ of mandamus to compel action on his 42 U.S.C. § 1983 petition in district court. The Fourth Circuit denied the petition, finding that the district court had taken significant action on the case as recently as January 1990, and thus there had been no undue delay that would require the issuance of a writ of mandamus. The Fourth Circuit granted Flora's request to proceed in forma pauperis but denied the petition for a writ of mandamus.

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    of 1

    902 F.

    2d 28
    Unpublished Disposition

    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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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 David Raymond Flora Petitioner.
    No. 90-8009.

    United States Court of Appeals, Fourth Circuit.


    Submitted April 2, 1990.
    Decided April 18, 1990.

    On Petition for Writ of Mandamus.


    David Raymond Flora, petitioner pro se.
    PETITION DENIED.
    Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit
    Judges.
    PER CURIAM:

    David Raymond Flora filed this petition for writ of mandamus complaining of
    delay in the district court in acting on his 42 U.S.C. Sec. 1983 petition. Because
    there has been significant action in the district court as recently as January
    1990, we hold that there has been no undue delay in the district court.
    Therefore, although we grant leave to proceed in forma pauperis, we deny the
    petition for writ of mandamus. We dispense with oral argument because the
    facts and legal contentions are adequately presented in the materials before the
    Court and argument would not significantly aid the decisional process.
    PETITION DENIED

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