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  • In Re: Larry McDaniel V., 4th Cir. (2015)

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    Larry Max McDaniel filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2255 motion. The appeals court reviewed the district court's docket and found that the district court had recently ordered McDaniel to file a corrected § 2255 motion. As the district court had now acted in the case, the appeals court denied the mandamus petition as moot, and granted leave to proceed in forma pauperis without oral argument.

    Original Description:

    Filed: 2015-08-04 Precedential Status: Non-Precedential Docket: 15-1560

    Original Title

    In Re: Larry McDaniel v., 4th Cir. (2015)

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    Larry Max McDaniel filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2255 motion. The appeals court reviewed the district court's docket and found that the district court had recently ordered McDaniel to file a corrected § 2255 motion. As the district court had now acted in the case, the appeals court denied the mandamus petition as moot, and granted leave to proceed in forma pauperis without oral argument.

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    13 views2 pages

    In Re: Larry McDaniel V., 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    Larry Max McDaniel filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2255 motion. The appeals court reviewed the district court's docket and found that the district court had recently ordered McDaniel to file a corrected § 2255 motion. As the district court had now acted in the case, the appeals court denied the mandamus petition as moot, and granted leave to proceed in forma pauperis without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1560

    In Re: LARRY MAX MCDANIEL,


    Petitioner.

    On Petition for Writ of Mandamus.


    (5:11-cr-00252-D-1; 5:15-cv-00041-D)

    Submitted:

    July 1, 2015

    Decided:

    August 4, 2015

    Before MOTZ, KING, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Larry Max McDaniel, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Larry

    Max

    McDaniel

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed acting on his 28


    U.S.C. 2255 (2012) motion.

    He seeks an order from this court

    directing the district court to act.


    courts

    docket

    reveals

    that

    the

    Our review of the district

    district

    court

    has

    recently

    issued an order directing McDaniel to file a corrected 2255


    motion.

    Accordingly, because the district court has recently

    acted in this case, we deny the mandamus petition as moot.


    grant leave to proceed in forma pauperis.

    We

    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 DENIED

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