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  • In Re: Darius Galloway V., 4th Cir. (2016)

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    Darius Galloway 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 appellate court reviewed the district court docket and found that the district court had denied Galloway's § 2255 motion on May 10, 2016. Therefore, because the district court had recently ruled on Galloway's case, the appellate court denied the mandamus petition as moot and granted Galloway leave to proceed in forma pauperis.

    Original Description:

    Filed: 2016-06-23 Precedential Status: Non-Precedential Docket: 16-1309

    Original Title

    In Re: Darius Galloway v., 4th Cir. (2016)

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    Darius Galloway 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 appellate court reviewed the district court docket and found that the district court had denied Galloway's § 2255 motion on May 10, 2016. Therefore, because the district court had recently ruled on Galloway's case, the appellate court denied the mandamus petition as moot and granted Galloway leave to proceed in forma pauperis.

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    11 views2 pages

    In Re: Darius Galloway V., 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    Darius Galloway 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 appellate court reviewed the district court docket and found that the district court had denied Galloway's § 2255 motion on May 10, 2016. Therefore, because the district court had recently ruled on Galloway's case, the appellate court denied the mandamus petition as moot and granted Galloway leave to proceed in forma pauperis.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 16-1309

    In re: DARIUS LAMONT GALLOWAY,


    Petitioner.

    On Petition for Writ of Mandamus.


    (7:07-cr-00036-F-1; 7:14-cv-00005-F)

    Submitted:

    June 21, 2016

    Decided:

    June 23, 2016

    Before DUNCAN, KEENAN, and THACKER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Darius Lamont Galloway, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Darius Lamont Galloway petitions for a 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 entered an order


    denying the 2255 motion on May 10, 2016.

    Accordingly, because

    the district court has recently decided Galloways case, we deny


    the mandamus petition as moot.
    pauperis.

    We grant leave to proceed in forma

    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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