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  • In Re: Jose Aguilar-Rivera V., 4th Cir. (2013)

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    The petitioner, Jose Luis Aguilar-Rivera, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals denied the petition as moot after finding that the district court had denied the petitioner's § 2255 motion on August 21, 2013, just prior to the Fourth Circuit's review. The Fourth Circuit granted the petitioner leave to proceed in forma pauperis but found oral arguments unnecessary given the adequacy of the materials before the court.

    Original Description:

    Filed: 2013-09-16 Precedential Status: Non-Precedential Docket: 13-1538

    Original Title

    In Re: Jose Aguilar-Rivera v., 4th Cir. (2013)

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    The petitioner, Jose Luis Aguilar-Rivera, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals denied the petition as moot after finding that the district court had denied the petitioner's § 2255 motion on August 21, 2013, just prior to the Fourth Circuit's review. The Fourth Circuit granted the petitioner leave to proceed in forma pauperis but found oral arguments unnecessary given the adequacy of the materials before the court.

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    6 views2 pages

    In Re: Jose Aguilar-Rivera V., 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    The petitioner, Jose Luis Aguilar-Rivera, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals denied the petition as moot after finding that the district court had denied the petitioner's § 2255 motion on August 21, 2013, just prior to the Fourth Circuit's review. The Fourth Circuit granted the petitioner leave to proceed in forma pauperis but found oral arguments unnecessary given the adequacy of the materials before the court.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-1538

    IN RE:

    JOSE LUIS AGUILAR-RIVERA, a/k/a Mole,


    Petitioner.

    On Petition for a Writ of Mandamus. (5:03-cr-00004-RLV-DSC-9;


    5:10-cv-00155-RLV)

    Submitted:

    September 10, 2013

    Before MOTZ and


    Circuit Judge.

    AGEE,

    Circuit

    Decided:

    Judges,

    and

    September 16, 2013

    HAMILTON,

    Senior

    Petition denied by unpublished per curiam opinion.

    Jose Luis Aguilar-Rivera, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jose

    Luis

    Aguilar-Rivera

    petitions

    for

    writ

    of

    mandamus, alleging the district court has unduly delayed acting


    on his 28 U.S.C.A. 2255 (West Supp. 2013) motion.

    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 denied Aguilar-Riveras 2255 motion by order entered on
    August 21, 2013.
    recently

    Accordingly, because the district court has

    decided

    Aguilar-Riveras

    case,

    we

    deny

    the

    mandamus

    petition as moot.

    We grant leave to proceed in forma pauperis.

    We

    oral

    dispense

    contentions

    with
    are

    argument

    adequately

    because

    presented

    in

    the

    facts

    and

    the

    materials

    legal
    before

    this court and argument would not aid the decisional process.

    PETITION DENIED

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