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  • In Re: Dais V., 4th Cir. (2008)

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    Norman Tyrone Dais filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion. The court reviewed the docket sheet and found that the district court had recently acted in Dais' case and it was proceeding. Therefore, the court denied the mandamus petition, noting that the facts and legal contentions were adequately presented without needing oral arguments. The court also denied as interlocutory Dais' motion to vacate the district court's order of January 4, 2008.

    Original Description:

    Filed: 2008-04-03 Precedential Status: Non-Precedential Docket: 07-7416

    Original Title

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

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    Norman Tyrone Dais filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion. The court reviewed the docket sheet and found that the district court had recently acted in Dais' case and it was proceeding. Therefore, the court denied the mandamus petition, noting that the facts and legal contentions were adequately presented without needing oral arguments. The court also denied as interlocutory Dais' motion to vacate the district court's order of January 4, 2008.

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    20 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Norman Tyrone Dais filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion. The court reviewed the docket sheet and found that the district court had recently acted in Dais' case and it was proceeding. Therefore, the court denied the mandamus petition, noting that the facts and legal contentions were adequately presented without needing oral arguments. The court also denied as interlocutory Dais' motion to vacate the district court's order of January 4, 2008.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7416

    In Re:

    NORMAN TYRONE DAIS,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    March 26, 2008

    (4:06-cv-70005-TLW)

    Decided:

    April 3, 2008

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


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Norman Tyrone Dais, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Norman Tyrone Dais petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his 28
    U.S.C. 2255 (2000) motion.

    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 has acted in Dais
    case and the case is proceeding.

    Accordingly, although we grant

    leave to proceed in forma pauperis, we deny the mandamus petition.


    We also deny as interlocutory Dais motion to vacate the district
    courts order of January 4, 2008.

    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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