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  • In Re: John Speagle, Sr. V., 4th Cir. (2015)

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    John Speagle filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion to recall the mandate and reconsider the dismissal of his 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition as moot because the district court had disposed of Speagle's pending motions on August 13, 2015, just two weeks before the Fourth Circuit's decision. The Fourth Circuit granted leave to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2015-08-28 Precedential Status: Non-Precedential Docket: 15-1151

    Original Title

    In Re: John Speagle, Sr. v., 4th Cir. (2015)

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    John Speagle filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion to recall the mandate and reconsider the dismissal of his 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition as moot because the district court had disposed of Speagle's pending motions on August 13, 2015, just two weeks before the Fourth Circuit's decision. The Fourth Circuit granted leave to proceed in forma pauperis and dispensed with oral argument.

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    Public Domain
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    10 views2 pages

    In Re: John Speagle, Sr. V., 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    John Speagle filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion to recall the mandate and reconsider the dismissal of his 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition as moot because the district court had disposed of Speagle's pending motions on August 13, 2015, just two weeks before the Fourth Circuit's decision. The Fourth Circuit granted leave to proceed in forma pauperis and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1151

    In Re: JOHN ANDREW SPEAGLE, SR.,


    Petitioner.

    On Petition for Writ of Mandamus.


    (5:05-cr-00234-RLV-CH-2; 5:12-cv-00134-RLV)

    Submitted:

    August 25, 2015

    Before GREGORY
    Circuit Judge.

    and

    SHEDD,

    Decided:

    Circuit

    Judges,

    and

    August 28, 2015

    DAVIS,

    Senior

    Petition denied by unpublished per curiam opinion.

    John Andrew Speagle, Sr., Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    John Andrew Speagle, Sr., petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his
    motion to recall the district courts mandate and reconsider its
    order dismissing his 28 U.S.C. 2255 (2012) motion.

    He seeks

    an order from this court directing the district court to act.


    Our

    review

    of

    the

    district

    courts

    docket

    reveals

    that

    the

    district court disposed of Speagles pending motions on August


    13, 2015.

    Accordingly, because the district court has recently

    decided Speagles case, we deny the mandamus petition as moot.


    We grant leave to proceed in forma pauperis.
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    We dispense with
    contentions
    this

    court

    are
    and

    argument would not aid the decisional process.


    PETITION DENIED

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