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  • In Re: Floyd Powell V., 4th Cir. (2014)

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    Floyd Powell petitioned the Fourth Circuit Court of Appeals for a writ of mandamus to compel the district court to act on his 28 U.S.C. § 2255 motion filed in 2002. However, the court's review found that the district court had already dismissed Powell's § 2255 motion in 2004. The Fourth Circuit had also dismissed Powell's appeal of the dismissal in 2006. Therefore, the Fourth Circuit denied Powell's petition for a writ of mandamus.

    Original Description:

    Filed: 2014-11-21 Precedential Status: Non-Precedential Docket: 14-1755

    Original Title

    In re: Floyd Powell v., 4th Cir. (2014)

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    Floyd Powell petitioned the Fourth Circuit Court of Appeals for a writ of mandamus to compel the district court to act on his 28 U.S.C. § 2255 motion filed in 2002. However, the court's review found that the district court had already dismissed Powell's § 2255 motion in 2004. The Fourth Circuit had also dismissed Powell's appeal of the dismissal in 2006. Therefore, the Fourth Circuit denied Powell's petition for a writ of mandamus.

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    Public Domain
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    2 views2 pages

    In Re: Floyd Powell V., 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    Floyd Powell petitioned the Fourth Circuit Court of Appeals for a writ of mandamus to compel the district court to act on his 28 U.S.C. § 2255 motion filed in 2002. However, the court's review found that the district court had already dismissed Powell's § 2255 motion in 2004. The Fourth Circuit had also dismissed Powell's appeal of the dismissal in 2006. Therefore, the Fourth Circuit denied Powell's petition for a writ of mandamus.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-1755

    In re: FLOYD JUNIOR POWELL, a/k/a Dick,


    Petitioner.

    On Petition for Writ of Mandamus. (5:99-cr-00012-RLV-6; 5:02cv-00138-RLV)

    Submitted:

    November 3, 2014

    Decided:

    November 21, 2014

    Before NIEMEYER, KING, DUNCAN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Floyd Junior Powell, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Floyd Junior Powell petitions for a writ of mandamus
    seeking an order compelling the district court to act on his 28
    U.S.C. 2255 motion that was filed on November 4, 2002.

    Our

    review of the docket reveals that the district court dismissed


    Powells 2255 motion on December 2, 2004, and we dismissed his
    appeal of the order on April 14, 2006.
    mandamus petition.
    We

    dispense

    contentions

    with
    are

    Accordingly, we deny the

    We grant leave to proceed in forma pauperis.


    oral

    argument

    adequately

    because

    presented

    in

    the

    facts

    and

    the

    materials

    legal
    before

    this court and argument would not aid the decisional process.

    PETITION DENIED

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