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  • In Re: Bush V., 4th Cir. (2009)

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    Larry Bush filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion. However, the court of appeals reviewed the district court docket and found that the district court had already issued a final order denying Bush's motion on September 24, 2007. Therefore, because the district court had already decided the case, the court of appeals denied the mandamus petition as moot.

    Original Description:

    Filed: 2009-12-29 Precedential Status: Non-Precedential Docket: 09-2256

    Original Title

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

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    Larry Bush filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion. However, the court of appeals reviewed the district court docket and found that the district court had already issued a final order denying Bush's motion on September 24, 2007. Therefore, because the district court had already decided the case, the court of appeals denied the mandamus petition as moot.

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    10 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Larry Bush filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion. However, the court of appeals reviewed the district court docket and found that the district court had already issued a final order denying Bush's motion on September 24, 2007. Therefore, because the district court had already decided the case, the court of appeals denied the mandamus petition as moot.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-2256

    In Re:

    LARRY LAMONT BUSH,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    December 8, 2009

    (1:06-cv-01631-AMD)

    Decided:

    December 29, 2009

    Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Larry Lamont Bush, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Larry Bush petitions for a writ of mandamus, alleging
    that the district court has unduly delayed acting on his 28
    U.S.C. 2255 (2006) motion.

    He seeks an order from this court

    directing the district court to act.


    Our

    review

    of

    the

    district

    courts

    docket

    sheet

    reveals that the district court issued a final opinion and order
    denying

    Bushs

    motion

    on

    September

    24,

    2007.

    Accordingly,

    because the district court has decided the case, we deny the
    mandamus petition as moot.

    We grant leave to proceed in forma

    pauperis and dispense with oral argument because the facts and
    legal
    before

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.
    PETITION DENIED

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