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  • In Re: Harvey V., 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit denied Michael Ray Harvey's petition for a writ of mandamus. Harvey alleged that the district court had unreasonably delayed acting on his 42 U.S.C. § 1983 action. However, the Court of Appeals found no unreasonable delay by the district court. While the court granted Harvey's motion to proceed in forma pauperis, it denied the petition without prejudice, allowing Harvey to refile if needed.

    Original Description:

    Filed: 2004-10-26 Precedential Status: Non-Precedential Docket: 04-6689

    Original Title

    In Re: Harvey v., 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit denied Michael Ray Harvey's petition for a writ of mandamus. Harvey alleged that the district court had unreasonably delayed acting on his 42 U.S.C. § 1983 action. However, the Court of Appeals found no unreasonable delay by the district court. While the court granted Harvey's motion to proceed in forma pauperis, it denied the petition without prejudice, allowing Harvey to refile if needed.

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    Public Domain
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    10 views2 pages

    In Re: Harvey V., 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Michael Ray Harvey's petition for a writ of mandamus. Harvey alleged that the district court had unreasonably delayed acting on his 42 U.S.C. § 1983 action. However, the Court of Appeals found no unreasonable delay by the district court. While the court granted Harvey's motion to proceed in forma pauperis, it denied the petition without prejudice, allowing Harvey to refile if needed.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6689

    In Re:

    MICHAEL RAY HARVEY,


    Petitioner.

    On Petition for Writ of Mandamus. (CA-02-829-7)

    Submitted:

    August 20, 2004

    Decided:

    October 26, 2004

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


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Michael Ray Harvey, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Michael Ray Harvey filed this petition for writ of
    mandamus alleging that the district court has unreasonably delayed
    acting on Harveys 42 U.S.C. 1983 (2000) action.

    Harvey seeks an

    evidentiary hearing and an order requiring the district court to


    act.

    We find no unreasonable delay.

    Therefore, while we grant the

    motion for leave to proceed in forma pauperis, we deny the petition


    without prejudice to Harveys right to refile.

    We dispense with

    oral

    contentions

    argument

    because

    the

    facts

    and

    legal

    are

    adequately presented in the materials before the court and argument


    would not aid the decisional process.

    PETITION DENIED

    - 2 -

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