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  • In Re: McDonald V., 4th Cir. (2001)

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    William Fred McDonald filed a petition for a writ of mandamus directing the district court to act on his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit denied the petition as moot, as the district court had entered a final order on January 29, 2001 denying relief on McDonald's § 2255 motion. While the court granted McDonald leave to proceed in forma pauperis, it denied the mandamus petition as the district court had already acted on the underlying § 2255 motion.

    Original Description:

    Filed: 2001-03-06 Precedential Status: Non-Precedential Docket: 00-7009

    Original Title

    In re: McDonald v., 4th Cir. (2001)

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    William Fred McDonald filed a petition for a writ of mandamus directing the district court to act on his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit denied the petition as moot, as the district court had entered a final order on January 29, 2001 denying relief on McDonald's § 2255 motion. While the court granted McDonald leave to proceed in forma pauperis, it denied the mandamus petition as the district court had already acted on the underlying § 2255 motion.

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    8 views2 pages

    In Re: McDonald V., 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    William Fred McDonald filed a petition for a writ of mandamus directing the district court to act on his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit denied the petition as moot, as the district court had entered a final order on January 29, 2001 denying relief on McDonald's § 2255 motion. While the court granted McDonald leave to proceed in forma pauperis, it denied the mandamus petition as the district court had already acted on the underlying § 2255 motion.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-7009

    In Re: WILLIAM FRED MCDONALD,


    Petitioner.

    On Petition for Writ of Mandamus.


    (CR-93-244, CA-97-154)

    Submitted:

    February 9, 2001

    Decided:

    March 6, 2001

    Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.


    William Fred McDonald, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    William Fred McDonald petitions this court for a writ of
    mandamus directing the district court to act upon his motion filed
    pursuant to 28 U.S.C.A. 2255 (West Supp. 2000).

    The district

    court entered a final order on January 29, 2001, denying relief on


    McDonalds 2255 motion.

    Accordingly, although we grant McDonald

    leave to proceed in forma pauperis, we deny the mandamus petition


    as moot.

    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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