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  • In Re: Nichols V., 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit denied Nyron Joel Nichols' petition for a writ of mandamus. Nichols had alleged that the district court unduly delayed acting on his notice of appeal. However, the Court of Appeals' review found that the district court had already ordered the Clerk to process Nichols' notice of appeal in the usual manner, finding it was timely filed. Therefore, the Court of Appeals denied the mandamus petition as moot since the district court had already addressed the issue.

    Original Description:

    Filed: 2009-12-01 Precedential Status: Non-Precedential Docket: 09-2058

    Original Title

    In Re: Nichols v., 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit denied Nyron Joel Nichols' petition for a writ of mandamus. Nichols had alleged that the district court unduly delayed acting on his notice of appeal. However, the Court of Appeals' review found that the district court had already ordered the Clerk to process Nichols' notice of appeal in the usual manner, finding it was timely filed. Therefore, the Court of Appeals denied the mandamus petition as moot since the district court had already addressed the issue.

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    Public Domain
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    5 views2 pages

    In Re: Nichols V., 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Nyron Joel Nichols' petition for a writ of mandamus. Nichols had alleged that the district court unduly delayed acting on his notice of appeal. However, the Court of Appeals' review found that the district court had already ordered the Clerk to process Nichols' notice of appeal in the usual manner, finding it was timely filed. Therefore, the Court of Appeals denied the mandamus petition as moot since the district court had already addressed the issue.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-2058

    In Re:

    NYRON JOEL NICHOLS,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    November 19, 2009

    (7:07-cr-00006)

    Decided:

    December 1, 2009

    Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Nyron Joel Nichols, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Nyron Joel Nichols petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his
    notice of appeal.

    He seeks an order from this court directing

    the district court to act.


    docket

    sheet

    reveals

    that

    Our review of the district court


    the

    district

    court

    found

    that

    his

    notice of appeal was timely filed and directed the Clerk to


    process the notice in the usual manner.

    In view of this order

    by the district court, 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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