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  • In Re: Davis V., 4th Cir. (2005)

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    Gary Lewis Davis filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion for modification of sentence. The United States Court of Appeals for the Fourth Circuit reviewed the docket sheet and found that the district court had denied Davis's motion on June 9, 2005. Therefore, because the district court recently decided the case, the Fourth Circuit denied the mandamus petition as moot.

    Original Description:

    Filed: 2005-08-05 Precedential Status: Non-Precedential Docket: 05-6137

    Original Title

    In Re: Davis v., 4th Cir. (2005)

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    Gary Lewis Davis filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion for modification of sentence. The United States Court of Appeals for the Fourth Circuit reviewed the docket sheet and found that the district court had denied Davis's motion on June 9, 2005. Therefore, because the district court recently decided the case, the Fourth Circuit denied the mandamus petition as moot.

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    5 views2 pages

    In Re: Davis V., 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    Gary Lewis Davis filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion for modification of sentence. The United States Court of Appeals for the Fourth Circuit reviewed the docket sheet and found that the district court had denied Davis's motion on June 9, 2005. Therefore, because the district court recently decided the case, the Fourth Circuit denied the mandamus petition as moot.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6137

    In Re:

    GARY LEWIS DAVIS,

    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    June 27, 2005

    (CR-90-85-C)

    Decided:

    August 5, 2005

    Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Gary Lewis Davis, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Gary Lewis Davis petitions for writ of mandamus, alleging
    the district court has unduly delayed acting on his motion for
    modification of sentence.

    He seeks an order from this court

    directing the district court to act.

    Our review of the docket

    sheet reveals that the district court denied Daviss motion on June
    9, 2005.

    Accordingly, because the district court has recently

    decided Daviss case, we deny the mandamus petition as moot.

    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

    - 2 -

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