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  • In Re: Rodney Whitney V., 4th Cir. (2016)

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    Rodney Whitney filed a petition for a writ of mandamus alleging that the district court unduly delayed in ruling on his 28 U.S.C. § 2255 motion. The appeals court denied the petition, finding no undue delay based on the current record. The unpublished opinion states that mandamus relief is not warranted because the facts and legal arguments are adequately presented without oral arguments.

    Original Description:

    Filed: 2016-06-23 Precedential Status: Non-Precedential Docket: 16-1279

    Original Title

    In Re: Rodney Whitney v., 4th Cir. (2016)

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    Rodney Whitney filed a petition for a writ of mandamus alleging that the district court unduly delayed in ruling on his 28 U.S.C. § 2255 motion. The appeals court denied the petition, finding no undue delay based on the current record. The unpublished opinion states that mandamus relief is not warranted because the facts and legal arguments are adequately presented without oral arguments.

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    6 views2 pages

    In Re: Rodney Whitney V., 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    Rodney Whitney filed a petition for a writ of mandamus alleging that the district court unduly delayed in ruling on his 28 U.S.C. § 2255 motion. The appeals court denied the petition, finding no undue delay based on the current record. The unpublished opinion states that mandamus relief is not warranted because the facts and legal arguments are adequately presented without oral arguments.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 16-1279

    In re: RODNEY W. WHITNEY,


    Petitioner.

    On Petition for Writ of Mandamus


    (3:11-cr-00049-FDW-1)

    Submitted:

    June 21, 2016

    Decided:

    June 23, 2016

    Before DUNCAN, KEENAN, and THACKER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Rodney W. Whitney, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Rodney

    W.

    Whitney

    petitions

    for

    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.


    present
    court.

    record

    does

    not

    reveal

    undue

    We conclude that the

    delay

    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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