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  • In Re: Henry Clay Boynes, 4th Cir. (2011)

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    The petitioner filed a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2241 habeas corpus petition. While the appellate court found the delay was not unreasonable, it denied the mandamus petition without prejudice, allowing the petitioner to file another petition if the district court does not act expeditiously. The appellate court also granted the petitioner leave to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2011-06-20 Precedential Status: Non-Precedential Docket: 11-1330

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    The petitioner filed a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2241 habeas corpus petition. While the appellate court found the delay was not unreasonable, it denied the mandamus petition without prejudice, allowing the petitioner to file another petition if the district court does not act expeditiously. The appellate court also granted the petitioner leave to proceed in forma pauperis and dispensed with oral argument.

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    9 views2 pages

    In Re: Henry Clay Boynes, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The petitioner filed a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2241 habeas corpus petition. While the appellate court found the delay was not unreasonable, it denied the mandamus petition without prejudice, allowing the petitioner to file another petition if the district court does not act expeditiously. The appellate court also granted the petitioner leave to proceed in forma pauperis and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-1330

    In re:

    HENRY CLAY BOYNES,

    Petitioner.

    On Petition for a Writ of Mandamus


    (5:10-cv-00939)

    Submitted:

    June 16, 2011

    Before NIEMEYER and


    Senior Circuit Judge.

    GREGORY,

    Decided:

    Circuit

    Judges,

    June 20, 2011

    and

    HAMILTON,

    Petition denied by unpublished per curiam opinion.

    Henry Clay Boynes, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Henry Clay Boynes petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his 28
    U.S.C. 2241 (2006) petition for a writ of habeas corpus.

    He

    seeks an order from this court directing the district court to


    act.

    Although we find that mandamus relief is not warranted

    because

    the

    delay

    is

    not

    unreasonable,

    we

    deny

    the

    mandamus

    petition without prejudice to the filing of another mandamus


    petition if the district court does not act expeditiously.
    grant leave to proceed in forma pauperis.

    We

    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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