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

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    Henry Smeltzer filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2254 petition. The court of appeals noted that the district court had ruled on the § 2254 petition, rendering the mandamus petition moot. Therefore, while granting Smeltzer's motion to proceed in forma pauperis, the court denied the mandamus petition as moot.

    Original Description:

    Filed: 2006-05-05 Precedential Status: Non-Precedential Docket: 06-6028

    Original Title

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

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    Henry Smeltzer filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2254 petition. The court of appeals noted that the district court had ruled on the § 2254 petition, rendering the mandamus petition moot. Therefore, while granting Smeltzer's motion to proceed in forma pauperis, the court denied the mandamus petition as moot.

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    5 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Henry Smeltzer filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2254 petition. The court of appeals noted that the district court had ruled on the § 2254 petition, rendering the mandamus petition moot. Therefore, while granting Smeltzer's motion to proceed in forma pauperis, the court denied the mandamus petition as moot.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6028

    IN RE:

    HENRY LEE SMELTZER,

    Petitioner.

    On Petition for Writ of Mandamus.


    (1:05-cv-00493-PTS)

    Submitted:

    April 27, 2006

    Decided: May 5, 2006

    Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Henry Lee Smeltzer, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Henry

    Lee

    Smeltzer

    filed

    petition

    for

    writ

    of

    mandamus alleging undue delay by the district court in ruling on


    his 28 U.S.C. 2254 (2000) petition.

    The district court ruled on

    the petition by order entered on January 26, 2006.


    the mandamus petition is now moot.

    Accordingly,

    Therefore, although we grant

    Smeltzers motion to proceed in forma pauperis, we deny as moot 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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