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  • In Re: Floyd V., 4th Cir. (2003)

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    Elizabeth Floyd filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on her 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit reviewed the record and found that the district court had considered and denied Floyd's § 2255 motion on December 11, 2002. Therefore, the court denied the mandamus petition as moot since the district court had already acted on the motion.

    Original Description:

    Filed: 2003-01-27 Precedential Status: Non-Precedential Docket: 02-7895

    Original Title

    In re: Floyd v., 4th Cir. (2003)

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    Elizabeth Floyd filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on her 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit reviewed the record and found that the district court had considered and denied Floyd's § 2255 motion on December 11, 2002. Therefore, the court denied the mandamus petition as moot since the district court had already acted on the motion.

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    9 views2 pages

    In Re: Floyd V., 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    Elizabeth Floyd filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on her 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit reviewed the record and found that the district court had considered and denied Floyd's § 2255 motion on December 11, 2002. Therefore, the court denied the mandamus petition as moot since the district court had already acted on the motion.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7895

    In Re: ELIZABETH MARIE RUSHING FLOYD,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    January 16, 2003

    (CA-02-443-2-3-V)

    Decided:

    January 27, 2003

    Before WILLIAMS, KING, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Elizabeth Marie Rushing Floyd, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Elizabeth

    Marie

    Rushing

    Floyd

    petitions

    for

    writ

    of

    mandamus, alleging the district court has unduly delayed acting on


    her motion filed on October 25, 2002, pursuant to 28 U.S.C. 2255
    (2000).

    She seeks an order from this court directing the district

    court to act upon the motion.

    Our review of the record reveals the

    district court considered and denied Floyds 2255 motion by order


    entered December 11, 2002.

    Accordingly, we deny as moot the

    mandamus petition. 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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