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  • In Re: Posley V., 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit denied Aaron Posley's petition for a writ of mandamus in which he alleged undue delay by the district court in adjudicating his appeal from a criminal judgment entered by a magistrate judge. The Court of Appeals reviewed the district court docket and found that the district court had recently issued its final decision in Posley's case shortly after he filed his mandamus petition, rendering the petition moot. The Court therefore denied the petition as moot but granted Posley's request to proceed in forma pauperis.

    Original Description:

    Filed: 2009-03-11 Precedential Status: Non-Precedential Docket: 08-2382

    Original Title

    In Re: Posley v., 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit denied Aaron Posley's petition for a writ of mandamus in which he alleged undue delay by the district court in adjudicating his appeal from a criminal judgment entered by a magistrate judge. The Court of Appeals reviewed the district court docket and found that the district court had recently issued its final decision in Posley's case shortly after he filed his mandamus petition, rendering the petition moot. The Court therefore denied the petition as moot but granted Posley's request to proceed in forma pauperis.

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    Public Domain
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    5 views2 pages

    In Re: Posley V., 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Aaron Posley's petition for a writ of mandamus in which he alleged undue delay by the district court in adjudicating his appeal from a criminal judgment entered by a magistrate judge. The Court of Appeals reviewed the district court docket and found that the district court had recently issued its final decision in Posley's case shortly after he filed his mandamus petition, rendering the petition moot. The Court therefore denied the petition as moot but granted Posley's request to proceed in forma pauperis.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-2382

    In Re:

    AARON POSLEY,
    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    February 12, 2009

    (1:08-cr-00295-LO-1)

    Decided:

    March 11, 2009

    Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Aaron Posley, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Aaron

    Posley

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed adjudicating his


    appeal

    from

    judgment

    magistrate judge.

    entered

    in

    criminal

    case

    by

    He seeks an order from this court directing

    the district court to act.

    Our review of the docket sheet

    reveals that the district court issued its final decision on


    December

    23,

    petition.

    2008,

    shortly

    after

    Posley

    filed

    his

    mandamus

    Accordingly, because the district court has recently

    decided Posleys case, we deny the mandamus petition as moot.


    We grant leave to proceed in forma pauperis.
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    We dispense with
    contentions
    the

    court

    are
    and

    argument would not aid the decisional process.

    PETITION DENIED

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