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  • In Re: David Amezquita-Franco V., 4th Cir. (2015)

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    David Amezquita-Franco filed a petition for a writ of mandamus alleging that the district court unduly delayed ruling on his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit granted leave to proceed in forma pauperis but dismissed the mandamus petition as moot, as the district court had now ruled on Amezquita-Franco's § 2255 motion. The court dispensed with oral argument, finding the facts and legal issues were adequately presented.

    Original Description:

    Filed: 2015-04-28 Precedential Status: Non-Precedential Docket: 15-1077

    Original Title

    In Re: David Amezquita-Franco v., 4th Cir. (2015)

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    David Amezquita-Franco filed a petition for a writ of mandamus alleging that the district court unduly delayed ruling on his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit granted leave to proceed in forma pauperis but dismissed the mandamus petition as moot, as the district court had now ruled on Amezquita-Franco's § 2255 motion. The court dispensed with oral argument, finding the facts and legal issues were adequately presented.

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    8 views2 pages

    In Re: David Amezquita-Franco V., 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    David Amezquita-Franco filed a petition for a writ of mandamus alleging that the district court unduly delayed ruling on his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit granted leave to proceed in forma pauperis but dismissed the mandamus petition as moot, as the district court had now ruled on Amezquita-Franco's § 2255 motion. The court dispensed with oral argument, finding the facts and legal issues were adequately presented.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1077

    In Re:

    DAVID AMEZQUITA-FRANCO,
    Petitioner.

    On Petition for Writ of Mandamus.


    (3:12-cr-00052-HEH-DJN-1; 3:13-cv-00443-HEH-DJN)

    Submitted:

    April 23, 2015

    Decided:

    April 28, 2015

    Before SHEDD, DUNCAN, and THACKER, Circuit Judges.

    Petition dismissed by unpublished per curiam opinion.

    David Amezquita-Franco, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    David Amezquita-Franco petitions for a writ of mandamus,
    alleging that the district court has unduly delayed in ruling on
    his 28 U.S.C. 2255 (2012) motion.

    He seeks an order from this

    court directing the district court to act.

    The district court

    has now ruled on Amezquita-Francos 2255 motion.

    Accordingly,

    we grant leave to proceed in forma pauperis and dismiss the


    mandamus

    petition

    as

    moot.

    We

    dispense

    with

    oral

    argument

    because the facts and legal contentions are adequately presented


    in the materials before this court and argument would not aid
    the decisional process.
    PETITION DISMISSED

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