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

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    Kevin McDaniels filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his § 2255 motion. The court of appeals reviewed the district court docket and found that the district court had ruled on McDaniels's § 2255 motion on November 12, 2008, so it denied the mandamus petition as moot. The court also denied McDaniels's motions for appointment of counsel and refund of fees, but granted leave to proceed in forma pauperis.

    Original Description:

    Filed: 2009-03-16 Precedential Status: Non-Precedential Docket: 08-2068

    Original Title

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

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    Kevin McDaniels filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his § 2255 motion. The court of appeals reviewed the district court docket and found that the district court had ruled on McDaniels's § 2255 motion on November 12, 2008, so it denied the mandamus petition as moot. The court also denied McDaniels's motions for appointment of counsel and refund of fees, but granted leave to proceed in forma pauperis.

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

    Uploaded by

    Scribd Government Docs
    Kevin McDaniels filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his § 2255 motion. The court of appeals reviewed the district court docket and found that the district court had ruled on McDaniels's § 2255 motion on November 12, 2008, so it denied the mandamus petition as moot. The court also denied McDaniels's motions for appointment of counsel and refund of fees, but granted leave to proceed in forma pauperis.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-2068

    In Re:

    KEVIN WAYNE MCDANIELS,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    (7:06-cr-00036-HFF-1)

    February 20, 2009

    Decided:

    March 16, 2009

    Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Kevin Wayne McDaniels, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Kevin

    Wayne

    McDaniels

    petitions

    for

    writ

    of

    mandamus, alleging the district court has unduly delayed acting


    on his 28 U.S.C.A. 2255 (West Supp. 2008) motion.
    order

    from

    this

    court

    directing

    the

    district

    He seeks an

    court

    to

    act.

    McDaniels also moved for appointment of counsel and for refund


    of his appellate filing fees.

    Our review of the district court

    docket

    the

    sheet

    reveals

    that

    district

    court

    McDanielss 2255 motion on November 12, 2008.


    deny the mandamus petition as moot.

    ruled

    on

    Accordingly, we

    We deny McDanielss motions

    for appointment of counsel and for refund of fees, and 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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