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

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    Kenneth Tribble filed a petition for a writ of mandamus directing the district court to act on his 28 U.S.C. § 2254 petition. The court of appeals denied the mandamus petition as moot because the district court had entered a final order on May 11, 2001, denying relief on Tribble's § 2254 petition. While the court granted Tribble's motion to proceed in forma pauperis, it denied the mandamus petition as the district court had already ruled on the underlying § 2254 petition.

    Original Description:

    Filed: 2001-06-26 Precedential Status: Non-Precedential Docket: 01-6475

    Original Title

    In Re: Tribble v., 4th Cir. (2001)

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    Kenneth Tribble filed a petition for a writ of mandamus directing the district court to act on his 28 U.S.C. § 2254 petition. The court of appeals denied the mandamus petition as moot because the district court had entered a final order on May 11, 2001, denying relief on Tribble's § 2254 petition. While the court granted Tribble's motion to proceed in forma pauperis, it denied the mandamus petition as the district court had already ruled on the underlying § 2254 petition.

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    2 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Kenneth Tribble filed a petition for a writ of mandamus directing the district court to act on his 28 U.S.C. § 2254 petition. The court of appeals denied the mandamus petition as moot because the district court had entered a final order on May 11, 2001, denying relief on Tribble's § 2254 petition. While the court granted Tribble's motion to proceed in forma pauperis, it denied the mandamus petition as the district court had already ruled on the underlying § 2254 petition.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-6475

    In Re: KENNETH TRIBBLE,


    Petitioner.

    On Petition for Writ of Mandamus.


    (CA-97-184-5-3-MU)

    Submitted:

    June 5, 2001

    Decided:

    June 26, 2001

    Before WIDENER, LUTTIG, and KING, Circuit Judges.

    Petition denied by unpublished per curiam opinion.


    Kenneth Tribble, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Kenneth Tribble petitions this court for a writ of mandamus
    directing the district court to act upon his petition filed pursuant to 28 U.S.C.A. 2254 (West 1994 & Supp. 2000).

    The district

    court entered a final order on May 11, 2001, denying relief on


    Tribbles 2254 petition. Accordingly, although we grant Tribbles
    motion for leave to proceed in forma pauperis, as amended, we deny
    the mandamus petition as moot.

    We dispense with oral argument be-

    cause 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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