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  • In Re: Cooper V., 4th Cir. (2008)

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    Richard Cooper filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 42 U.S.C. § 1983 action. The appellate court denied the petition without prejudice because it found the delay was not unreasonable, but noted Cooper could file another petition if the district court did not act expeditiously. The appellate court dispensed with oral argument as the facts and legal issues were adequately presented in the materials.

    Original Description:

    Filed: 2008-07-10 Precedential Status: Non-Precedential Docket: 08-1514

    Original Title

    In Re: Cooper v., 4th Cir. (2008)

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    Richard Cooper filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 42 U.S.C. § 1983 action. The appellate court denied the petition without prejudice because it found the delay was not unreasonable, but noted Cooper could file another petition if the district court did not act expeditiously. The appellate court dispensed with oral argument as the facts and legal issues were adequately presented in the materials.

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    Public Domain
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    6 views2 pages

    In Re: Cooper V., 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    Richard Cooper filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 42 U.S.C. § 1983 action. The appellate court denied the petition without prejudice because it found the delay was not unreasonable, but noted Cooper could file another petition if the district court did not act expeditiously. The appellate court dispensed with oral argument as the facts and legal issues were adequately presented in the materials.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-1514

    In Re:

    RICHARD D. COOPER,
    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    June 25, 2008

    (1:07-cv-00272-BEL)

    Decided:

    July 10, 2008

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


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Richard D. Cooper, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Richard D. Cooper petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his 42
    U.S.C. 1983 (2000) action.

    He seeks an order from this court

    directing the district court to act.


    mandamus

    relief

    is

    not

    warranted

    Although we find that

    because

    the

    delay

    is

    not

    unreasonable, we deny the mandamus petition without prejudice to


    the filing of another mandamus petition if the district court does
    not act expeditiously.
    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.
    PETITION DENIED

    - 2 -

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