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  • In Re: Larry McDaniel V., 4th Cir. (2016)

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    Larry Max McDaniel filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The appeals court reviewed the district court docket and found that the district court had recently dismissed McDaniel's § 2255 motion, rendering the mandamus petition moot. As such, the court denied the petition for a writ of mandamus.

    Original Description:

    Filed: 2016-04-12 Precedential Status: Non-Precedential Docket: 16-1025

    Original Title

    In Re: Larry McDaniel v., 4th Cir. (2016)

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    Larry Max McDaniel filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The appeals court reviewed the district court docket and found that the district court had recently dismissed McDaniel's § 2255 motion, rendering the mandamus petition moot. As such, the court denied the petition for a writ of mandamus.

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    6 views2 pages

    In Re: Larry McDaniel V., 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    Larry Max McDaniel filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The appeals court reviewed the district court docket and found that the district court had recently dismissed McDaniel's § 2255 motion, rendering the mandamus petition moot. As such, the court denied the petition for a writ of mandamus.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 16-1025

    In Re:

    LARRY MAX MCDANIEL,


    Petitioner.

    On Petition for Writ of Mandamus.


    (5:11-cr-00252-D-1; 5:15-cv-00041-D)

    Submitted:

    April 5, 2016

    Decided:

    April 12, 2016

    Before MOTZ, KING, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Larry Max McDaniel, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Larry

    Max

    McDaniel

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed acting on 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 has dismissed


    McDaniels

    2255

    motion.

    Accordingly,

    because

    the

    district

    court has recently decided McDaniels case, we deny the mandamus


    petition as moot.

    We grant leave to proceed in forma pauperis.

    We

    oral

    dispense

    contentions

    with
    are

    argument

    adequately

    because

    presented

    in

    the

    facts

    and

    the

    materials

    legal
    before

    this court and argument would not aid the decisional process.

    PETITION DENIED

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