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  • In Re: Brown V., 4th Cir. (1996)

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    Gerard Brown filed a petition for a writ of mandamus asking the appeals court to direct the district court to rule on his motion filed under 28 U.S.C. § 2255. The appeals court noted that the district court last acted on Brown's § 2255 motion within six months. Finding no unreasonable delay, the appeals court denied the petition for a writ of mandamus.

    Original Description:

    Filed: 1996-04-19 Precedential Status: Non-Precedential Docket: 95-8092

    Original Title

    In re: Brown v., 4th Cir. (1996)

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    Gerard Brown filed a petition for a writ of mandamus asking the appeals court to direct the district court to rule on his motion filed under 28 U.S.C. § 2255. The appeals court noted that the district court last acted on Brown's § 2255 motion within six months. Finding no unreasonable delay, the appeals court denied the petition for a writ of mandamus.

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    6 views2 pages

    In Re: Brown V., 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    Gerard Brown filed a petition for a writ of mandamus asking the appeals court to direct the district court to rule on his motion filed under 28 U.S.C. § 2255. The appeals court noted that the district court last acted on Brown's § 2255 motion within six months. Finding no unreasonable delay, the appeals court denied the petition for a writ of mandamus.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 95-8092

    In Re: GERARD VALMORE BROWN,


    Petitioner.

    On Petition for Writ of Mandamus. (CR-93-281)


    Submitted:

    November 28, 1995

    Decided:

    April 19, 1996

    Before NIEMEYER and MOTZ, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Petition denied by unpublished per curiam opinion.
    Gerard Valmore Brown, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Petitioner filed this petition for a writ of mandamus seeking
    to have this court direct the district court to act on his motion
    filed pursuant to 28 U.S.C. 2255 (1988). The district court has
    last acted in the 2255 proceeding on September 8, 1995. Because
    the district court has acted within six months of the filing of the
    petition, we find no unreasonable delay. Therefore, while we grant
    leave to proceed in forma pauperis, we deny the petition. 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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