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  • In Re: Oakes V., 4th Cir. (2003)

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    The United States Court of Appeals for the Fourth Circuit denied David J. Oakes' petition for a writ of mandamus. Oakes had alleged that the district court unduly delayed acting on his emergency motion for a temporary restraining order. However, the Court of Appeals found that the district court had recently entered an order denying Oakes' emergency motion. Therefore, the mandamus petition was denied as moot since the district court had already decided the case.

    Original Description:

    Filed: 2003-10-28 Precedential Status: Non-Precedential Docket: 03-6930

    Original Title

    In Re: Oakes v., 4th Cir. (2003)

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    The United States Court of Appeals for the Fourth Circuit denied David J. Oakes' petition for a writ of mandamus. Oakes had alleged that the district court unduly delayed acting on his emergency motion for a temporary restraining order. However, the Court of Appeals found that the district court had recently entered an order denying Oakes' emergency motion. Therefore, the mandamus petition was denied as moot since the district court had already decided the case.

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    5 views2 pages

    In Re: Oakes V., 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied David J. Oakes' petition for a writ of mandamus. Oakes had alleged that the district court unduly delayed acting on his emergency motion for a temporary restraining order. However, the Court of Appeals found that the district court had recently entered an order denying Oakes' emergency motion. Therefore, the mandamus petition was denied as moot since the district court had already decided the case.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6930

    In Re:

    DAVID J. OAKES,
    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    October 15, 2003

    (CA-03-227-5-BO)

    Decided:

    October 28, 2003

    Before NIEMEYER, KING, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    David J. Oakes, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    David J. Oakes petitions for a writ of mandamus, alleging the
    district court has unduly delayed acting on his emergency motion
    for a temporary restraining order.

    He seeks an order from this

    court directing the district court to act.

    Our review of the

    docket sheet reveals that the district court entered an order


    denying Oakes emergency motion for a temporary restraining order.
    Accordingly, because the district court has recently decided Oakes
    case, we deny the mandamus petition as moot.

    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

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