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  • In Re: Burnham V., 4th Cir. (2006)

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    Timothy Burnham filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion under 28 U.S.C. § 2255. The appeals court reviewed the docket and found that the district court had recently denied relief on Burnham's § 2255 motion. Therefore, the appeals court denied the mandamus petition as moot since the district court had now ruled on the case. The appeals court also granted Burnham leave to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2006-02-23 Precedential Status: Non-Precedential Docket: 05-7140

    Original Title

    In Re: Burnham v., 4th Cir. (2006)

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    Timothy Burnham filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion under 28 U.S.C. § 2255. The appeals court reviewed the docket and found that the district court had recently denied relief on Burnham's § 2255 motion. Therefore, the appeals court denied the mandamus petition as moot since the district court had now ruled on the case. The appeals court also granted Burnham leave to proceed in forma pauperis and dispensed with oral argument.

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    10 views2 pages

    In Re: Burnham V., 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    Timothy Burnham filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion under 28 U.S.C. § 2255. The appeals court reviewed the docket and found that the district court had recently denied relief on Burnham's § 2255 motion. Therefore, the appeals court denied the mandamus petition as moot since the district court had now ruled on the case. The appeals court also granted Burnham 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    UNPUBLISHED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. 05-7140

    In Re:

    TIMOTHY B. BURNHAM,
    Petitioner.

    On Petition for Writ of Mandamus.


    (CR-01-11; CA-04-210)

    Submitted:

    January 18, 2006

    Decided:

    February 23, 2006

    Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Timothy B. Burnham, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Timothy

    B.

    Burnham

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed acting on his motion
    filed pursuant to 28 U.S.C. 2255 (2000).

    He seeks an order from

    this court directing the district court to act.

    Our review of the

    docket sheet reveals that the district court has recently denied
    relief on Burnhams 2255 motion.

    Accordingly, because the

    district court has recently decided Burnhams case, we deny the


    mandamus petition as moot.
    pauperis.

    We grant leave to proceed in forma

    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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