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  • In Re: Jay Thomas V., 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit denied Jay Thomas's petition for a writ of mandamus. Thomas had alleged that the district court unduly delayed acting on his habeas petition. However, the Court of Appeals found that the district court had recently dismissed Thomas's habeas petition without prejudice. As the district court had now acted on the case, the mandamus petition was moot. The Court of Appeals therefore denied the petition and granted Thomas's request to proceed in forma pauperis, while denying his motion for temporary relief.

    Original Description:

    Filed: 2013-11-25 Precedential Status: Non-Precedential Docket: 13-2126

    Original Title

    In Re: Jay Thomas v., 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit denied Jay Thomas's petition for a writ of mandamus. Thomas had alleged that the district court unduly delayed acting on his habeas petition. However, the Court of Appeals found that the district court had recently dismissed Thomas's habeas petition without prejudice. As the district court had now acted on the case, the mandamus petition was moot. The Court of Appeals therefore denied the petition and granted Thomas's request to proceed in forma pauperis, while denying his motion for temporary relief.

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    Public Domain
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    4 views2 pages

    In Re: Jay Thomas V., 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Jay Thomas's petition for a writ of mandamus. Thomas had alleged that the district court unduly delayed acting on his habeas petition. However, the Court of Appeals found that the district court had recently dismissed Thomas's habeas petition without prejudice. As the district court had now acted on the case, the mandamus petition was moot. The Court of Appeals therefore denied the petition and granted Thomas's request to proceed in forma pauperis, while denying his motion for temporary relief.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-2126

    In re:

    JAY L. THOMAS,

    Petitioner.

    On Petition for Writ of Mandamus.


    (8:13-cv-02167-DKC)

    Submitted:

    November 21, 2013

    Decided:

    November 25, 2013

    Before KING, DUNCAN, and DIAZ, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Jay Thomas, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jay

    L.

    Thomas

    petitions

    for

    writ

    of

    mandamus,

    alleging that the district court has unduly delayed acting on


    his

    habeas

    petition.

    He

    seeks

    an

    directing the district court to act.


    courts

    docket

    prejudice

    reveals

    Thomas

    that

    habeas

    the

    order

    this

    court

    Our review of the district

    court

    petition.

    from

    has

    dismissed

    Accordingly,

    without

    because

    the

    district court has recently decided Thomas case, we deny the


    mandamus petition as moot.

    We also grant leave to proceed in

    forma pauperis and deny Thomas motion for temporary relief.


    dispense

    with

    contentions

    are

    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    We

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.

    PETITION DENIED

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