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  • In Re Willard E. Cupp, 809 F.2d 785, 4th Cir. (1987)

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    The document is an unpublished court case from 1986 in which Willard Cupp, an inmate, had petitioned the Fourth Circuit Court of Appeals for a writ of mandamus directing the district court to act on his pending petition for post-conviction relief under 28 U.S.C. Sec. 2255. The Fourth Circuit notes that the district court has now dismissed Cupp's petition for post-conviction relief, rendering his petition for a writ of mandamus moot. Therefore, the Fourth Circuit denies the petition for a writ as moot and dismisses the action.

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    Filed: 1987-01-05 Precedential Status: Non-Precedential Citations: 809 F.2d 785 Docket: 86-8022

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    The document is an unpublished court case from 1986 in which Willard Cupp, an inmate, had petitioned the Fourth Circuit Court of Appeals for a writ of mandamus directing the district court to act on his pending petition for post-conviction relief under 28 U.S.C. Sec. 2255. The Fourth Circuit notes that the district court has now dismissed Cupp's petition for post-conviction relief, rendering his petition for a writ of mandamus moot. Therefore, the Fourth Circuit denies the petition for a writ as moot and dismisses the action.

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    1 views1 page

    In Re Willard E. Cupp, 809 F.2d 785, 4th Cir. (1987)

    Uploaded by

    Scribd Government Docs
    The document is an unpublished court case from 1986 in which Willard Cupp, an inmate, had petitioned the Fourth Circuit Court of Appeals for a writ of mandamus directing the district court to act on his pending petition for post-conviction relief under 28 U.S.C. Sec. 2255. The Fourth Circuit notes that the district court has now dismissed Cupp's petition for post-conviction relief, rendering his petition for a writ of mandamus moot. Therefore, the Fourth Circuit denies the petition for a writ as moot and dismisses the action.

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    of 1

    809 F.

    2d 785
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    In Re Willard E. CUPP, Petitioner,
    No. 86-8022.

    United States Court of Appeals, Fourth Circuit.


    Submitted Nov. 21, 1986.
    Decided Jan. 5, 1987.

    Before ERVIN, WILKINSON and WILKINS, Circuit Judges.


    Willard E. Cupp, appellant pro se.
    PER CURIAM:

    Petitioner Willard E. Cupp, an inmate at the Federal Correctional Institute,


    Lexington, Kentucky, has applied to this Court for a writ of mandamus or
    prohibition directing the district court to act on his petition for post-conviction
    relief, filed pursuant to 28 U.S.C. Sec. 2255, pending in that court.

    The district court has now entered an order dated 5 November 1986 dismissing
    Cupp's petition for post-conviction relief. See Cupp v. United States, C/A No.
    M-85-1747 (D.Md., November 5, 1986). Accordingly, although leave is
    granted to proceed in forma pauperis, the petition for a writ of mandamus or
    prohibition is denied as being moot and this action is dismissed.

    DISMISSED.

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