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  • In Re: Norman Kerr V., 4th Cir. (2016)

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    Norman Kerr filed a petition for a writ of mandamus claiming undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The appeals court found no undue delay based on the record and denied the petition. The court also granted Kerr's request to proceed in forma pauperis and dispensed with oral argument, concluding the facts and legal issues were adequately presented in the case materials.

    Original Description:

    Filed: 2016-02-25 Precedential Status: Non-Precedential Docket: 15-2497

    Original Title

    In Re: Norman Kerr v., 4th Cir. (2016)

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    Norman Kerr filed a petition for a writ of mandamus claiming undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The appeals court found no undue delay based on the record and denied the petition. The court also granted Kerr's request to proceed in forma pauperis and dispensed with oral argument, concluding the facts and legal issues were adequately presented in the case materials.

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    6 views2 pages

    In Re: Norman Kerr V., 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    Norman Kerr filed a petition for a writ of mandamus claiming undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The appeals court found no undue delay based on the record and denied the petition. The court also granted Kerr's request to proceed in forma pauperis and dispensed with oral argument, concluding the facts and legal issues were adequately presented in the case materials.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-2497

    In re: NORMAN ALAN KERR,


    Petitioner.

    On Petition for Writ of Mandamus.


    (1:09-cr-00290-NCT-1; 1:14-cv-01094-NCT-JEP)

    Submitted:

    February 23, 2016

    Decided:

    February 25, 2016

    Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Norman Alan Kerr, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Norman Alan Kerr petitions for a writ of mandamus, claiming
    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.


    present
    court.

    record

    does

    not

    reveal

    undue

    delay

    We find that the


    in

    the

    district

    Accordingly, we grant leave to proceed in forma pauperis

    and deny the mandamus petition.

    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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