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  • In Re: Damon Elliott V., 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit denied Damon Elliott's petition for a writ of mandamus. Elliott had alleged that the district court unduly delayed acting on the appellate court's order to determine if Elliott's notice of appeal could be construed as a motion to reopen the appeal period. However, the appellate court found that on March 15, 2016, the district court had granted Elliott's motion to reopen the appeal period, rendering the mandamus petition moot. As such, the appellate court denied the petition.

    Original Description:

    Filed: 2016-04-22 Precedential Status: Non-Precedential Docket: 16-1250

    Original Title

    In re: Damon Elliott v., 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit denied Damon Elliott's petition for a writ of mandamus. Elliott had alleged that the district court unduly delayed acting on the appellate court's order to determine if Elliott's notice of appeal could be construed as a motion to reopen the appeal period. However, the appellate court found that on March 15, 2016, the district court had granted Elliott's motion to reopen the appeal period, rendering the mandamus petition moot. As such, the appellate court denied the petition.

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    4 views2 pages

    In Re: Damon Elliott V., 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Damon Elliott's petition for a writ of mandamus. Elliott had alleged that the district court unduly delayed acting on the appellate court's order to determine if Elliott's notice of appeal could be construed as a motion to reopen the appeal period. However, the appellate court found that on March 15, 2016, the district court had granted Elliott's motion to reopen the appeal period, rendering the mandamus petition moot. As such, the appellate court denied the petition.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 16-1250

    In re:

    DAMON ELLIOTT,

    Petitioner.

    On Petition for Writ of Mandamus.


    (1:14-cv-00209-LO-JFA)

    Submitted:

    April 19, 2016

    Decided:

    April 22, 2016

    Before AGEE, DIAZ, and THACKER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Damon Emanuel Elliott, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Damon Elliott petitions this court for a writ of mandamus,
    alleging that the district court has unduly delayed acting on this
    courts order remanding his case to the district court to determine
    whether his notice of appeal should be construed as a motion to
    reopen the appeal period, and if so, whether reopening is merited.
    Elliott seeks an order from this court directing the district court
    to act.

    Our review of the district courts docket reveals that,

    on March 15, 2016, the district court entered an order granting


    Elliotts motion to reopen the appeal period.
    deny the mandamus petition as moot.
    forma pauperis.

    Accordingly, we

    We grant leave to proceed in

    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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