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  • In Re Isiah James, JR., 19 F.3d 11, 4th Cir. (1994)

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    The document is a court ruling denying a petition for a writ of mandamus. It summarizes that the petitioner, Isiah James Jr., had filed a petition for mandamus directing the district court to act on his habeas petition. However, the magistrate judge had entered a report and recommendation on the habeas petition just three days before this mandamus petition was filed. As it had been less than six months since the habeas petition received judicial attention, the court found no undue delay and denied the petition for mandamus.

    Original Description:

    Filed: 1994-03-16 Precedential Status: Non-Precedential Citations: 19 F.3d 11 Docket: 93-8094

    Original Title

    In Re Isiah James, Jr., 19 F.3d 11, 4th Cir. (1994)

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    The document is a court ruling denying a petition for a writ of mandamus. It summarizes that the petitioner, Isiah James Jr., had filed a petition for mandamus directing the district court to act on his habeas petition. However, the magistrate judge had entered a report and recommendation on the habeas petition just three days before this mandamus petition was filed. As it had been less than six months since the habeas petition received judicial attention, the court found no undue delay and denied the petition for mandamus.

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    Public Domain
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    4 views1 page

    In Re Isiah James, JR., 19 F.3d 11, 4th Cir. (1994)

    Uploaded by

    Scribd Government Docs
    The document is a court ruling denying a petition for a writ of mandamus. It summarizes that the petitioner, Isiah James Jr., had filed a petition for mandamus directing the district court to act on his habeas petition. However, the magistrate judge had entered a report and recommendation on the habeas petition just three days before this mandamus petition was filed. As it had been less than six months since the habeas petition received judicial attention, the court found no undue delay and denied the petition for mandamus.

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    of 1

    19 F.

    3d 11

    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    unpublished dispositions is disfavored except for establishing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 Isiah JAMES, Jr., Petitioner.
    No. 93-8094.

    United States Court of Appeals, Fourth Circuit.


    Submitted Feb. 17, 1994.
    Decided March 16, 1994.

    On Petition for Writ of Mandamus.


    Isiah James, Jr., petitioner pro se.
    PETITION DENIED.
    Before RUSSELL, MURNAGHAN, and WILLIAMS, Circuit Judges.
    PER CURIAM:

    Isiah James, Jr., petitions this Court for a writ of mandamus directing the
    district court to act on his 28 U.S.C. Sec. 2254 (1988) petition. The magistrate
    judge entered a report and recommendation in the proceedings below on
    December 17, 1993, three days before this mandamus petition was filed.
    Because it has been less than six months since James' habeas petition received
    judicial attention, we find that there has been no undue delay. 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
    aid the decisional process.

    PETITION DENIED.

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