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  • In Re: Kenneth Beverly, 4th Cir. (2012)

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    Kenneth Beverly filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his motions attacking his convictions. The appeals court reviewed the district court docket and found that the district court had recently denied or dismissed the motions, rendering the mandamus petition moot. The court also noted that mandamus is not the proper way to directly challenge a conviction. The petition for a writ of mandamus was denied.

    Original Description:

    Filed: 2012-10-01 Precedential Status: Non-Precedential Docket: 12-1699

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    Kenneth Beverly filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his motions attacking his convictions. The appeals court reviewed the district court docket and found that the district court had recently denied or dismissed the motions, rendering the mandamus petition moot. The court also noted that mandamus is not the proper way to directly challenge a conviction. The petition for a writ of mandamus was denied.

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    11 views2 pages

    In Re: Kenneth Beverly, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    Kenneth Beverly filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his motions attacking his convictions. The appeals court reviewed the district court docket and found that the district court had recently denied or dismissed the motions, rendering the mandamus petition moot. The court also noted that mandamus is not the proper way to directly challenge a conviction. The petition for a writ of mandamus was denied.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-1699

    In re:

    KENNETH D. BEVERLY
    Petitioner.

    On Petition for Writ of Mandamus


    (No. 3:05-cr-00526-HEH-1)

    Submitted:

    September 27, 2012

    Decided:

    October 1, 2012

    Before MOTZ, DAVIS, and WYNN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Kenneth D. Beverly, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Kenneth D. Beverly petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his
    various motions attacking his convictions.

    He seeks an order

    from this court directing the district court to act.

    Our review

    of the district courts docket reveals that the district court


    recently denied or dismissed the motions.

    Accordingly, because

    the district court has recently decided Beverlys case, we deny


    the mandamus petition as moot.

    To the extent Beverly seeks to

    directly challenge his conviction, such relief is not available


    by way of a mandamus petition.
    forma

    pauperis.

    facts

    and

    materials

    legal
    before

    We

    dispense

    contentions
    the

    court

    We grant leave to proceed in


    with

    oral

    argument

    are

    adequately

    and

    argument

    because

    presented

    would

    not

    the

    in

    the

    aid

    the

    decisional process.

    PETITION DENIED

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