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  • In Re: Billy McKoy V., 4th Cir. (2012)

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    The petitioner, Billy Ray McKoy, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his habeas petition. The appeals court found that the delay was not unreasonable and denied the mandamus petition without prejudice, allowing McKoy to file another petition if the district court does not act expeditiously on his habeas petition. The unpublished opinion by the appeals court is not binding precedent.

    Original Description:

    Filed: 2012-08-23 Precedential Status: Non-Precedential Docket: 12-1744

    Original Title

    In Re: Billy McKoy v., 4th Cir. (2012)

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    The petitioner, Billy Ray McKoy, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his habeas petition. The appeals court found that the delay was not unreasonable and denied the mandamus petition without prejudice, allowing McKoy to file another petition if the district court does not act expeditiously on his habeas petition. The unpublished opinion by the appeals court is not binding precedent.

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    3 views2 pages

    In Re: Billy McKoy V., 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    The petitioner, Billy Ray McKoy, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his habeas petition. The appeals court found that the delay was not unreasonable and denied the mandamus petition without prejudice, allowing McKoy to file another petition if the district court does not act expeditiously on his habeas petition. The unpublished opinion by the appeals court is not binding precedent.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-1744

    In Re:

    BILLY RAY MCKOY,


    Petitioner.

    On Petition for Writ of Mandamus.


    (5:12-hc-02020-D)

    Submitted:

    August 9, 2012

    Decided:

    August 23, 2012

    Before MOTZ, KING, and AGEE, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Billy Ray McKoy, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Billy

    Ray

    McKoy

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed acting on his


    habeas petition.
    the

    district

    He seeks an order from this court directing

    court

    to

    act.

    Although

    we

    find

    that

    mandamus

    relief is not warranted because the delay is not unreasonable,


    we deny the mandamus petition without prejudice to the filing of
    another mandamus petition if the district court does not act
    expeditiously.

    We dispense with oral argument because the facts

    and legal contentions are adequately presented in the materials


    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional

    process.
    PETITION DENIED

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