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

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    Samuel McCotter filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his petition for a writ of error coram nobis. The court denied the mandamus petition, stating that the district court had already dismissed McCotter's petition for a writ of error coram nobis on July 28, 2003, rendering the mandamus petition moot. The court denied the petition for mandamus relief and dispensed with oral argument.

    Original Description:

    Filed: 2005-05-11 Precedential Status: Non-Precedential Docket: 05-6096

    Original Title

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

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    Samuel McCotter filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his petition for a writ of error coram nobis. The court denied the mandamus petition, stating that the district court had already dismissed McCotter's petition for a writ of error coram nobis on July 28, 2003, rendering the mandamus petition moot. The court denied the petition for mandamus relief and dispensed with oral argument.

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    19 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Samuel McCotter filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his petition for a writ of error coram nobis. The court denied the mandamus petition, stating that the district court had already dismissed McCotter's petition for a writ of error coram nobis on July 28, 2003, rendering the mandamus petition moot. The court denied the petition for mandamus relief and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6096

    In Re:

    SAMUEL DEWITT MCCOTTER,


    Petitioner.

    On Petition for Writ of Mandamus. (CR-90-27)

    Submitted:

    April 25, 2005

    Decided:

    May 11, 2005

    Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Samuel DeWitt McCotter, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Samuel DeWitt McCotter filed a petition for writ of
    mandamus alleging undue delay by the district court in ruling on
    his petition for Writ of Error Coram Nobis.

    The district court

    dismissed the petition for Writ of Error Coram Nobis on July 28,
    2003.

    Accordingly, the mandamus petition is now moot.

    Thus,

    although we grant McCotters application to proceed on appeal in


    forma pauperis, we deny the petition for 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

    - 2 -

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