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  • In Re: Adams, 4th Cir. (2011)

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    Timothy Adams filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his motion to set aside a judgment for fraud on the court. The appeals court reviewed the district court docket and found that the district court had recently adopted the magistrate's recommendation and denied Adams' motion on March 25, 2011. As such, the appeals court denied the mandamus petition as moot since the district court had now ruled on the motion.

    Original Description:

    Filed: 2011-05-26 Precedential Status: Non-Precedential Docket: 10-2339

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    Timothy Adams filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his motion to set aside a judgment for fraud on the court. The appeals court reviewed the district court docket and found that the district court had recently adopted the magistrate's recommendation and denied Adams' motion on March 25, 2011. As such, the appeals court denied the mandamus petition as moot since the district court had now ruled on the motion.

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    5 views2 pages

    In Re: Adams, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    Timothy Adams filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his motion to set aside a judgment for fraud on the court. The appeals court reviewed the district court docket and found that the district court had recently adopted the magistrate's recommendation and denied Adams' motion on March 25, 2011. As such, the appeals court denied the mandamus petition as moot since the district court had now ruled on the motion.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-2339

    In Re:

    TIMOTHY ADAMS,
    Petitioner.

    On Petition for Writ of Mandamus.


    (6:94-cr-00302-NCT-3)

    Submitted:

    May 17, 2011

    Decided:

    May 26, 2011

    Before NIEMEYER, KING, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Timothy Adams, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Timothy

    Adams

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed acting on his


    motion to set aside the judgment based on an independent action
    for fraud upon the court.

    He seeks an order from this court

    directing the district court to act.


    courts

    docket

    reveals

    that

    the

    Our review of the district

    district

    court

    adopted

    the

    recommendation of the magistrate judge and denied Adams motion


    on March 25, 2011.

    Accordingly, because the district court has

    recently decided Adams case, we deny the mandamus petition as


    moot.

    We grant leave to proceed in forma pauperis.

    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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