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  • In Re: Damron, 4th Cir. (2010)

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    The petitioner, Mark Damron, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 habeas corpus petition. However, the court of appeals reviewed the district court docket and found that the magistrate judge had issued findings and a recommendation, so the mandamus petition was now moot. The court therefore denied the petition as moot and granted leave to proceed in forma pauperis.

    Original Description:

    Filed: 2010-05-26 Precedential Status: Non-Precedential Docket: 10-1416

    Original Title

    In re: Damron, 4th Cir. (2010)

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    The petitioner, Mark Damron, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 habeas corpus petition. However, the court of appeals reviewed the district court docket and found that the magistrate judge had issued findings and a recommendation, so the mandamus petition was now moot. The court therefore denied the petition as moot and granted leave to proceed in forma pauperis.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    5 views2 pages

    In Re: Damron, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    The petitioner, Mark Damron, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 habeas corpus petition. However, the court of appeals reviewed the district court docket and found that the magistrate judge had issued findings and a recommendation, so the mandamus petition was now moot. The court therefore denied the petition as moot and granted leave to proceed in forma pauperis.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-1416

    In Re:

    MARK DAMRON,
    Petitioner.

    On Petition for Writ of Mandamus.


    (3:09-cv-00098)

    Submitted:

    May 20, 2010

    Decided:

    May 26, 2010

    Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Mark Damron, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Mark Damron petitions for a writ of mandamus, alleging
    the district court has unduly delayed acting on his 28 U.S.C.
    2254 (2006) petition for a writ of habeas corpus.

    He seeks an

    order from this court directing the magistrate judge to issue


    findings

    and

    recommendation.

    Our

    review

    of

    the

    district

    courts docket reveals that the magistrate judge has issued his
    report and recommendation.

    Accordingly, we deny the mandamus

    petition as moot.

    We grant leave to proceed in forma pauperis.

    We

    oral

    dispense

    with

    argument

    because

    the

    facts

    and

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    PETITION DENIED

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