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  • In Re Frank Leroy Chester, 917 F.2d 22, 4th Cir. (1990)

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    Frank Chester filed a mandamus petition seeking an order to compel the district court to rule favorably on his motion to require the federal government to produce documents. The appeals court denied mandamus relief because the district court had since ruled on the motion, rendering the complaint about delay moot. Additionally, mandamus cannot be used as a substitute for appeal. Therefore, the court denied the petition and dispensed with oral arguments.

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    Filed: 1990-10-26 Precedential Status: Non-Precedential Citations: 917 F.2d 22 Docket: 90-8030

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    Frank Chester filed a mandamus petition seeking an order to compel the district court to rule favorably on his motion to require the federal government to produce documents. The appeals court denied mandamus relief because the district court had since ruled on the motion, rendering the complaint about delay moot. Additionally, mandamus cannot be used as a substitute for appeal. Therefore, the court denied the petition and dispensed with oral arguments.

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    In Re Frank Leroy Chester, 917 F.2d 22, 4th Cir. (1990)

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    Frank Chester filed a mandamus petition seeking an order to compel the district court to rule favorably on his motion to require the federal government to produce documents. The appeals court denied mandamus relief because the district court had since ruled on the motion, rendering the complaint about delay moot. Additionally, mandamus cannot be used as a substitute for appeal. Therefore, the court denied the petition and dispensed with oral arguments.

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    of 2

    917 F.

    2d 22
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    In re Frank Leroy CHESTER, Petitioner.
    No. 90-8030.

    United States Court of Appeals, Fourth Circuit.


    Submitted Oct. 1, 1990.
    Decided Oct. 26, 1990.

    On Petition for Writ of Mandamus.


    Frank Leroy Chester, appellant pro se.
    PETITION DENIED.
    Before DONALD RUSSELL and PHILLIPS, Circuit Judges, and
    BUTZNER, Senior Circuit Judge.
    PER CURIAM:

    Frank Leroy Chester brought this mandamus petition seeking an order directing
    the district court to act favorably on his motion to compel the federal
    government to produce certain documents under 5 U.S.C. Sec. 552. Since
    Chester filed this petition, the district court has denied his motion. Therefore,
    any complaint Chester has regarding delay in the district court is moot. Also,
    mandamus relief cannot be used as a substitute for appeal. In re: United
    Steelworkers, 595 F.2d 958, 960 (4th Cir.1979). Accordingly, we grant
    permission to proceed in forma pauperis and deny mandamus relief. We
    dispense with oral argument because the facts and legal contentions are
    adequately presented in the materials before the Court and argument would not
    significantly aid in the decisional process.

    PETITION DENIED.

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