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  • In Re: Smith V., 4th Cir. (2008)

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    Mitchell Smith filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2241 petition. The appellate court reviewed the district court docket and found that the district court had recently denied and dismissed Smith's § 2241 petition. Therefore, the appellate court denied Smith's mandamus petition as moot since the district court had already ruled on the underlying case. The appellate court granted Smith's motion to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2008-10-10 Precedential Status: Non-Precedential Docket: 08-1550

    Original Title

    In Re: Smith v., 4th Cir. (2008)

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    Mitchell Smith filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2241 petition. The appellate court reviewed the district court docket and found that the district court had recently denied and dismissed Smith's § 2241 petition. Therefore, the appellate court denied Smith's mandamus petition as moot since the district court had already ruled on the underlying case. The appellate court granted Smith's motion to proceed in forma pauperis and dispensed with oral argument.

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    13 views2 pages

    In Re: Smith V., 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    Mitchell Smith filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2241 petition. The appellate court reviewed the district court docket and found that the district court had recently denied and dismissed Smith's § 2241 petition. Therefore, the appellate court denied Smith's mandamus petition as moot since the district court had already ruled on the underlying case. The appellate court granted Smith's motion 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    UNPUBLISHED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. 08-1550

    In Re:

    MITCHELL SMITH,
    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    September 30, 2008

    (8:07-cv-02276-AW)

    Decided:

    October 10, 2008

    Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Mitchell Smith, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Mitchell

    Smith

    petitions

    for

    writ

    of

    mandamus,

    alleging that the district court has unduly delayed acting on


    his petition filed under 28 U.S.C. 2241 (2000).

    He seeks an

    order from this court directing the district court to act.

    Our

    review of the district courts docket sheet reveals that the


    district

    court

    Accordingly,

    denied

    because

    the

    and

    dismissed

    district

    the

    court

    2241

    recently

    has

    Smiths case, we deny the mandamus petition as moot.


    leave

    to

    proceed

    in

    forma

    pauperis,

    and

    petition.

    dispense

    decided
    We grant

    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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