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

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    Marion Pearson filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 petition. The appeals court reviewed the docket and found that the district court had recently denied Pearson's § 2254 petition, so his mandamus petition was now moot. As a result, the appeals court denied the mandamus petition as moot, and granted leave to proceed in forma pauperis.

    Original Description:

    Filed: 2008-12-22 Precedential Status: Non-Precedential Docket: 08-1413

    Original Title

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

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    Marion Pearson filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 petition. The appeals court reviewed the docket and found that the district court had recently denied Pearson's § 2254 petition, so his mandamus petition was now moot. As a result, the appeals court denied the mandamus petition as moot, and granted leave to proceed in forma pauperis.

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    7 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Marion Pearson filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 petition. The appeals court reviewed the docket and found that the district court had recently denied Pearson's § 2254 petition, so his mandamus petition was now moot. As a result, the appeals court denied the mandamus petition as moot, and granted leave to proceed in forma pauperis.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-1413

    In Re:

    MARION EDWARD PEARSON, JR.,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    November 19, 2008

    (1:06-cv-00069)

    Decided:

    December 22, 2008

    Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Marion Edward Pearson, Jr., Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Marion Edward Pearson, Jr., petitions for a writ of
    mandamus, alleging the district court has unduly delayed acting
    on his 28 U.S.C. 2254 (2000) petition.

    He seeks an order from

    this court directing the district court to act.

    Our review of

    the docket sheet reveals that the district court recently denied
    Pearsons 2254 petition.

    Accordingly, because the district

    court has decided Pearsons case, we deny the mandamus petition


    as moot.
    dispense

    We grant leave to proceed in forma pauperis.


    with

    oral

    argument

    because

    the

    facts

    and

    We
    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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