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  • In Re: Fleming V., 4th Cir. (2009)

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    Fleming petitioned for a writ of mandamus, alleging undue delay by the district court in acting on his motion to correct judgment. The court of appeals denied the petition as moot because based on its review of the docket sheet, the district court had recently denied Fleming's motion on September 22, 2009. As the district court had already decided the case, the court saw no need to issue an order directing it to act.

    Original Description:

    Filed: 2009-10-05 Precedential Status: Non-Precedential Docket: 09-1456

    Original Title

    In Re: Fleming v., 4th Cir. (2009)

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    Fleming petitioned for a writ of mandamus, alleging undue delay by the district court in acting on his motion to correct judgment. The court of appeals denied the petition as moot because based on its review of the docket sheet, the district court had recently denied Fleming's motion on September 22, 2009. As the district court had already decided the case, the court saw no need to issue an order directing it to act.

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    6 views2 pages

    In Re: Fleming V., 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    Fleming petitioned for a writ of mandamus, alleging undue delay by the district court in acting on his motion to correct judgment. The court of appeals denied the petition as moot because based on its review of the docket sheet, the district court had recently denied Fleming's motion on September 22, 2009. As the district court had already decided the case, the court saw no need to issue an order directing it to act.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-1456

    In Re:

    DEREK MARQUIS FLEMING,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    September 28, 2009

    Before WILKINSON and


    Senior Circuit Judge.

    GREGORY,

    (2:91-cr-00179-NCT-1)

    Decided:

    Circuit

    Judges,

    October 5, 2009

    and

    HAMILTON,

    Petition denied by unpublished per curiam opinion.

    Derek Marquis Fleming, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Derek

    Marquis

    Fleming

    petitions

    for

    writ

    of

    mandamus, alleging the district court has unduly delayed acting


    on his motion to correct judgment.

    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 the motion
    to correct judgment on September 22, 2009.

    Accordingly, because

    the district court has recently decided Flemings case, we deny


    the mandamus petition as moot.
    forma

    pauperis.

    facts

    and

    materials

    legal
    before

    We

    dispense

    contentions
    the

    court

    We grant leave to proceed in


    with

    oral

    argument

    are

    adequately

    and

    argument

    because

    presented

    would

    not

    the

    in

    the

    aid

    the

    decisional process.
    PETITION DENIED

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