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  • In Re: Tucker V., 4th Cir. (2008)

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    Reginald Tucker filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his habeas corpus petition. The appeals court reviewed the docket and found that the district court had recently dismissed the habeas petition without prejudice for failure to exhaust state court remedies. As the district court had now decided the case, the appeals court denied the mandamus petition as moot and granted Tucker's request to proceed in forma pauperis.

    Original Description:

    Filed: 2008-05-28 Precedential Status: Non-Precedential Docket: 08-1264

    Original Title

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

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    Reginald Tucker filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his habeas corpus petition. The appeals court reviewed the docket and found that the district court had recently dismissed the habeas petition without prejudice for failure to exhaust state court remedies. As the district court had now decided the case, the appeals court denied the mandamus petition as moot and granted Tucker's request to proceed in forma pauperis.

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    8 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Reginald Tucker filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his habeas corpus petition. The appeals court reviewed the docket and found that the district court had recently dismissed the habeas petition without prejudice for failure to exhaust state court remedies. As the district court had now decided the case, the appeals court denied the mandamus petition as moot and granted Tucker's request to proceed in forma pauperis.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-1264

    In Re:

    REGINALD S. TUCKER,
    Petitioner.

    On Petition for Writ of Mandamus.


    (1:07-cv-01150-LO-TCB)

    Submitted:

    May 22, 2008

    Decided:

    May 28, 2008

    Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Reginald S. Tucker, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Reginald S. Tucker petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his
    habeas corpus petition.

    He seeks an order from this court

    directing the district court to act.

    Our review of the docket

    sheet reveals that the district court dismissed the petition


    without prejudice for failure to exhaust state court remedies.
    Accordingly, because the district court has recently decided
    Tuckers case, we deny the mandamus petition as moot.
    leave to proceed in forma pauperis.

    We grant

    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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