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  • In Re John Henry Smith, 869 F.2d 594, 4th Cir. (1989)

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. John Henry Smith filed a writ of mandamus to compel the district court to act on his habeas corpus petition. The appeals court granted Smith leave to proceed in forma pauperis but denied the writ as moot, as the district court had since acted on Smith's habeas corpus petition.

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    Filed: 1989-02-21 Precedential Status: Non-Precedential Citations: 869 F.2d 594 Docket: 88-8027

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. John Henry Smith filed a writ of mandamus to compel the district court to act on his habeas corpus petition. The appeals court granted Smith leave to proceed in forma pauperis but denied the writ as moot, as the district court had since acted on Smith's habeas corpus petition.

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    Public Domain
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    In Re John Henry Smith, 869 F.2d 594, 4th Cir. (1989)

    Uploaded by

    Scribd Government Docs
    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. John Henry Smith filed a writ of mandamus to compel the district court to act on his habeas corpus petition. The appeals court granted Smith leave to proceed in forma pauperis but denied the writ as moot, as the district court had since acted on Smith's habeas corpus petition.

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    of 1

    869 F.

    2d 594
    Unpublished Disposition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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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 John Henry SMITH, Petitioner.
    No. 88-8027.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Nov. 30, 1988.
    Decided: Feb. 21, 1989.

    John Henry Smith, petitioner pro se.


    Before K.K. HALL and WILKINSON, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.
    PER CURIAM:

    Complaining of delay, John Henry Smith has applied to this Court for a writ of
    mandamus directing the district court to act upon his habeas corpus petition
    filed pursuant to 28 U.S.C. Sec. 2254. The district court has since acted on
    Smith's habeas corpus petition. Smith v. Warden, Civ. No. HM-84-4561
    (D.Md. Sept. 2, 1988). Accordingly, although leave to proceed in forma
    pauperis is granted, the petition for writ of mandamus is denied as moot.

    PETITION DENIED.

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