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  • In Re: Johnathan Lee X Smith, 50 F.3d 7, 4th Cir. (1995)

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    This document is a court ruling from the United States Court of Appeals for the Fourth Circuit denying a petition for a writ of mandamus. Johnathan Lee X Smith had petitioned the court, alleging delay by the district court in acting on his habeas corpus petition under 28 U.S.C. Sec. 2254. However, the appellate court found based on reviewing the docket sheet that there had been no delay by the district court in considering the case. Therefore, the court denied Smith's petition for a writ of mandamus, despite granting him leave to proceed in forma pauperis.

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    Filed: 1995-02-27 Precedential Status: Non-Precedential Citations: 50 F.3d 7 Docket: 94-8074

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    This document is a court ruling from the United States Court of Appeals for the Fourth Circuit denying a petition for a writ of mandamus. Johnathan Lee X Smith had petitioned the court, alleging delay by the district court in acting on his habeas corpus petition under 28 U.S.C. Sec. 2254. However, the appellate court found based on reviewing the docket sheet that there had been no delay by the district court in considering the case. Therefore, the court denied Smith's petition for a writ of mandamus, despite granting him leave to proceed in forma pauperis.

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    In Re: Johnathan Lee X Smith, 50 F.3d 7, 4th Cir. (1995)

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    This document is a court ruling from the United States Court of Appeals for the Fourth Circuit denying a petition for a writ of mandamus. Johnathan Lee X Smith had petitioned the court, alleging delay by the district court in acting on his habeas corpus petition under 28 U.S.C. Sec. 2254. However, the appellate court found based on reviewing the docket sheet that there had been no delay by the district court in considering the case. Therefore, the court denied Smith's petition for a writ of mandamus, despite granting him leave to proceed in forma pauperis.

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    of 1

    50 F.

    3d 7

    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    unpublished dispositions is disfavored except for establishing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: Johnathan Lee X SMITH, Petitioner.
    No. 94-8074.

    United States Court of Appeals, Fourth Circuit.


    Submitted Jan. 19, 1995.
    Decided Feb. 27, 1995.

    Johnathan Lee X Smith, petitioner pro se.


    Before WILKINS and MICHAEL, Circuit Judges, and SPROUSE, Senior
    Circuit Judge.
    PER CURIAM:

    Jonathan Lee X Smith petitions this Court for a Writ of Mandamus, alleging
    delay by the district court in acting on his 28 U.S.C. Sec. 2254 (1988) petition.
    The docket sheet reflects that there has been no delay by the district court in
    considering the case. Accordingly, although we grant leave to proceed in forma
    pauperis, we deny Smith's 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 aid the decisional
    process.
    PETITION DENIED

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