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  • In Re: Michael Hardy V., 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit denied Michael Hardy's petition for a writ of mandamus. Hardy had alleged that the district court unduly delayed ruling on his 28 U.S.C. § 2255 motion. However, the Court of Appeals noted that the district court recently directed an evidentiary hearing on Hardy's § 2255 motion. Therefore, the Court of Appeals found no undue delay and denied the mandamus petition.

    Original Description:

    Filed: 2016-03-08 Precedential Status: Non-Precedential Docket: 15-1584

    Original Title

    In Re: Michael Hardy v., 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit denied Michael Hardy's petition for a writ of mandamus. Hardy had alleged that the district court unduly delayed ruling on his 28 U.S.C. § 2255 motion. However, the Court of Appeals noted that the district court recently directed an evidentiary hearing on Hardy's § 2255 motion. Therefore, the Court of Appeals found no undue delay and denied the mandamus petition.

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    Public Domain
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    3 views2 pages

    In Re: Michael Hardy V., 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Michael Hardy's petition for a writ of mandamus. Hardy had alleged that the district court unduly delayed ruling on his 28 U.S.C. § 2255 motion. However, the Court of Appeals noted that the district court recently directed an evidentiary hearing on Hardy's § 2255 motion. Therefore, the Court of Appeals found no undue delay and denied the mandamus petition.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1584

    In Re:

    MICHAEL HARDY,
    Petitioner.

    On Petition for Writ of Mandamus.


    (2:10-cr-00048-2; 2:13-cv-07419)

    Submitted:

    February 29, 2016

    Decided:

    March 8, 2016

    Before WILKINSON and GREGORY, Circuit Judges, and DAVIS, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Michael Hardy, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Michael Hardy petitions for a writ of mandamus, alleging
    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.


    courts

    recent

    action

    directing

    an

    In light of the district


    evidentiary

    Hardys 2255 motion, we find no undue delay.

    hearing

    on

    Accordingly,

    although we grant leave to proceed in forma pauperis, we 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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