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  • In Re: Spotts V., 4th Cir. (2006)

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    Kelvin Andre Spotts filed a petition for a writ of mandamus alleging undue delay by the district court in directing a response to his 28 U.S.C. § 2255 motion. The court of appeals denied the petition as moot, as the district court had issued a final order in the case on May 24, 2006. While the court granted Spotts' motion to proceed in forma pauperis, it denied the mandamus petition and denied as moot his motion to expedite consideration of the petition.

    Original Description:

    Filed: 2006-08-28 Precedential Status: Non-Precedential Docket: 06-6989

    Original Title

    In Re: Spotts v., 4th Cir. (2006)

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    Kelvin Andre Spotts filed a petition for a writ of mandamus alleging undue delay by the district court in directing a response to his 28 U.S.C. § 2255 motion. The court of appeals denied the petition as moot, as the district court had issued a final order in the case on May 24, 2006. While the court granted Spotts' motion to proceed in forma pauperis, it denied the mandamus petition and denied as moot his motion to expedite consideration of the petition.

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    8 views2 pages

    In Re: Spotts V., 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    Kelvin Andre Spotts filed a petition for a writ of mandamus alleging undue delay by the district court in directing a response to his 28 U.S.C. § 2255 motion. The court of appeals denied the petition as moot, as the district court had issued a final order in the case on May 24, 2006. While the court granted Spotts' motion to proceed in forma pauperis, it denied the mandamus petition and denied as moot his motion to expedite consideration of the petition.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6989

    In Re:

    KELVIN ANDRE SPOTTS,


    Petitioner.

    On Petition for Writ of Mandamus.


    (3:06-cv-00109)

    Submitted:

    July 17, 2006

    Decided:

    August 28, 2006

    Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Kelvin Andre Spotts, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Kelvin Andre Spotts filed a petition for writ of mandamus
    alleging undue delay by the district court in directing a response
    from the United States to Spotts 28 U.S.C. 2255 (2000) motion.
    The district court issued its final order in the case on May 24,
    2006.

    Accordingly, the mandamus petition is now moot.

    Therefore,

    although we grant the motion to proceed in forma pauperis, we deny


    the petition for mandamus relief.

    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.

    The motion to expedite consideration of the

    petition is denied as moot.

    PETITION DENIED

    - 2 -

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