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  • In Re: Jamal Barnes V., 4th Cir. (2014)

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    Jamal Barnes filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his pending 28 U.S.C. § 2255 motion. However, the court of appeals reviewed the district court docket and found no pending § 2255 motion. As there was no undue delay, the court denied the mandamus petition. The court also granted Barnes' request to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2014-03-24 Precedential Status: Non-Precedential Docket: 14-1159

    Original Title

    In Re: Jamal Barnes v., 4th Cir. (2014)

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    Jamal Barnes filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his pending 28 U.S.C. § 2255 motion. However, the court of appeals reviewed the district court docket and found no pending § 2255 motion. As there was no undue delay, the court denied the mandamus petition. The court also granted Barnes' request to proceed in forma pauperis and dispensed with oral argument.

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    1 views2 pages

    In Re: Jamal Barnes V., 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    Jamal Barnes filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his pending 28 U.S.C. § 2255 motion. However, the court of appeals reviewed the district court docket and found no pending § 2255 motion. As there was no undue delay, the court denied the mandamus petition. The court also granted Barnes' 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    UNPUBLISHED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. 14-1159

    In Re:

    JAMAL BARNES,
    Petitioner.

    On Petition for Writ of Mandamus.


    (1:02-cr-00079-AMD-1)

    Submitted:

    March 20, 2014

    Decided:

    March 24, 2014

    Before MOTZ and THACKER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Jamal Barnes, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jamal

    Barnes

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed acting on his


    pending 28 U.S.C. 2255 (2012) motion.

    He seeks an order from

    this court directing the district court to act.

    Our review of

    the district courts docket reveals that there is no pending


    2255 motion.

    Accordingly, we conclude that there has been no

    undue delay in the district court, and we deny the mandamus


    petition.
    dispense

    We grant leave to proceed in forma pauperis.


    with

    contentions

    are

    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    We

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.

    PETITION DENIED

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