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  • In Re: Thames V., 4th Cir. (2003)

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    The United States Court of Appeals for the Fourth Circuit denied Anthony Lee Thames' petition for a writ of mandamus to compel the district court to act on his 28 U.S.C. § 2255 motion. The court denied the petition as moot because the district court had recently taken significant action in the case by issuing an order to show cause and Thames had filed a response, so mandamus was no longer needed. The court also denied Thames' request to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2003-05-02 Precedential Status: Non-Precedential Docket: 03-6046

    Original Title

    In Re: Thames v., 4th Cir. (2003)

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    The United States Court of Appeals for the Fourth Circuit denied Anthony Lee Thames' petition for a writ of mandamus to compel the district court to act on his 28 U.S.C. § 2255 motion. The court denied the petition as moot because the district court had recently taken significant action in the case by issuing an order to show cause and Thames had filed a response, so mandamus was no longer needed. The court also denied Thames' request to proceed in forma pauperis and dispensed with oral argument.

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    Public Domain
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    7 views2 pages

    In Re: Thames V., 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Anthony Lee Thames' petition for a writ of mandamus to compel the district court to act on his 28 U.S.C. § 2255 motion. The court denied the petition as moot because the district court had recently taken significant action in the case by issuing an order to show cause and Thames had filed a response, so mandamus was no longer needed. The court also denied Thames' request to proceed in forma pauperis and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6046

    In Re:

    ANTHONY LEE THAMES,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    March 21, 2003

    (CR-00-122)

    Decided:

    May 2, 2003

    Before WIDENER and NIEMEYER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Anthony Lee Thames, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Anthony Lee Thames petitions for a writ of mandamus, alleging
    the district court has unduly delayed acting on his 28 U.S.C.
    2255 (2000) motion.

    He seeks an order from this court directing

    the district court to act.

    As the district court recently took

    significant action in the case by issuing an order to show cause on


    March 17, 2003, and Thames filed his response to the motion on
    April 9, 2003, we deny Thames petition as moot.
    proceed in forma pauperis.

    We deny leave to

    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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