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  • In Re: Spotts V., 4th Cir. (2003)

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    Kelvin Andre Spotts filed a petition for a writ of mandamus against the United States Court of Appeals for the Fourth Circuit alleging undue delay by the district court in acting on his motion to compel and grant partial summary judgment in his underlying 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition, finding no undue delay by the district court. While allowing Spotts to proceed in forma pauperis, the Fourth Circuit denied the writ of mandamus and dispensed with oral argument.

    Original Description:

    Filed: 2003-06-25 Precedential Status: Non-Precedential Docket: 03-6572

    Original Title

    In Re: Spotts v., 4th Cir. (2003)

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    Kelvin Andre Spotts filed a petition for a writ of mandamus against the United States Court of Appeals for the Fourth Circuit alleging undue delay by the district court in acting on his motion to compel and grant partial summary judgment in his underlying 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition, finding no undue delay by the district court. While allowing Spotts to proceed in forma pauperis, the Fourth Circuit denied the writ of mandamus and dispensed with oral argument.

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    4 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Kelvin Andre Spotts filed a petition for a writ of mandamus against the United States Court of Appeals for the Fourth Circuit alleging undue delay by the district court in acting on his motion to compel and grant partial summary judgment in his underlying 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition, finding no undue delay by the district court. While allowing Spotts to proceed in forma pauperis, the Fourth Circuit denied the writ of mandamus and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6572

    In Re:

    KELVIN ANDRE SPOTTS,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    June 10, 2003

    (CA-00-647-3)

    Decided:

    June 25, 2003

    Before NIEMEYER and MICHAEL, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Kelvin Andre Spotts, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Kelvin Andre Spotts petitions for a writ of mandamus, alleging
    the district court has unduly delayed acting on his motion to
    compel partial summary judgment and to grant partial summary
    judgment on his underlying 28 U.S.C. 2255 (2000) motion.

    He

    seeks an order from this court directing the district court to act.
    We find there has been no undue delay in the district court.
    Accordingly, although we grant leave to proceed in forma pauperis,
    we deny the petition for a writ of mandamus.

    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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