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  • In Re: Mays V., 4th Cir. (2003)

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    Phillip Mays filed a petition for a writ of mandamus with the United States Court of Appeals for the Fourth Circuit, alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition, finding no undue delay by the district court. The per curiam opinion stated that the facts and legal contentions were adequately presented and that oral argument was not necessary.

    Original Description:

    Filed: 2003-03-25 Precedential Status: Non-Precedential Docket: 03-6026

    Original Title

    In re: Mays v., 4th Cir. (2003)

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    Phillip Mays filed a petition for a writ of mandamus with the United States Court of Appeals for the Fourth Circuit, alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition, finding no undue delay by the district court. The per curiam opinion stated that the facts and legal contentions were adequately presented and that oral argument was not necessary.

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    12 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Phillip Mays filed a petition for a writ of mandamus with the United States Court of Appeals for the Fourth Circuit, alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition, finding no undue delay by the district court. The per curiam opinion stated that the facts and legal contentions were adequately presented and that oral argument was not necessary.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6026

    In Re:

    PHILLIP MARQUETTE MAYS,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    March 7, 2003

    (CA-02-1841-8)

    Decided:

    March 25, 2003

    Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Phillip Marquette Mays, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Phillip Marquette Mays 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.

    We find there has been no

    undue delay in the district court.

    Accordingly, we deny the

    mandamus petition. 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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