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  • In Re: Tibel Clark, 4th Cir. (2012)

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    The petitioner, Tibel Clark, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his Rule 60(b) motion. The court of appeals reviewed the district court docket and found that the district court had denied the Rule 60(b) motion on July 12, 2012. Therefore, because the district court has now ruled on the motion, the court of appeals denies the mandamus petition as moot and grants the petitioner leave to proceed in forma pauperis.

    Original Description:

    Filed: 2012-10-15 Precedential Status: Non-Precedential Docket: 12-1794

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    The petitioner, Tibel Clark, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his Rule 60(b) motion. The court of appeals reviewed the district court docket and found that the district court had denied the Rule 60(b) motion on July 12, 2012. Therefore, because the district court has now ruled on the motion, the court of appeals denies the mandamus petition as moot and grants the petitioner leave to proceed in forma pauperis.

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    4 views2 pages

    In Re: Tibel Clark, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    The petitioner, Tibel Clark, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his Rule 60(b) motion. The court of appeals reviewed the district court docket and found that the district court had denied the Rule 60(b) motion on July 12, 2012. Therefore, because the district court has now ruled on the motion, the court of appeals denies the mandamus petition as moot and grants the petitioner leave to proceed in forma pauperis.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-1794

    In re:

    TIBEL CLARK, a/k/a Felix Johnson,

    Petitioner.

    On Petition for Writ of Mandamus.


    (4:01-cr-00056-CWH-2)

    Submitted:

    October 11, 2012

    Decided:

    October 15, 2012

    Before KING, DUNCAN, and DIAZ, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Tibel Clark, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Tibel Clark petitions for a writ of mandamus, alleging
    the district court has unduly delayed acting on his Fed. R. Civ.
    P. 60(b) motion.

    He seeks an order from this court directing

    the district court to act.

    Our review of the district courts

    docket reveals that the district court denied Clarks Rule 60(b)
    motion
    court

    on
    has

    July

    12,

    2012.

    recently

    addressed

    mandamus petition as moot.


    pauperis.
    legal
    before

    Clarks

    because
    motion,

    the
    we

    district
    deny

    the

    We grant leave to proceed in forma

    We dispense with oral argument because the facts and

    contentions
    the

    Accordingly,

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.

    PETITION DENIED

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