Scribd Logo
Upload

Welcome to Scribd!

  • In Re: Rochester V., 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    7 views2 pages
    Julian Rochester filed a petition for a writ of mandamus requesting the Fourth Circuit Court of Appeals to direct a South Carolina state court to act on his pending post-conviction relief petition. The Fourth Circuit denied the petition because federal courts do not have the power to compel action by state courts. They granted Rochester's motion to proceed in forma pauperis and dispensed with oral argument because the facts and legal issues were clear based on the submitted materials.

    Original Description:

    Filed: 1999-11-24 Precedential Status: Non-Precedential Docket: 99-7142

    Original Title

    In re: Rochester v., 4th Cir. (1999)

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Julian Rochester filed a petition for a writ of mandamus requesting the Fourth Circuit Court of Appeals to direct a South Carolina state court to act on his pending post-conviction relief petition. The Fourth Circuit denied the petition because federal courts do not have the power to compel action by state courts. They granted Rochester's motion to proceed in forma pauperis and dispensed with oral argument because the facts and legal issues were clear based on the submitted materials.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    7 views2 pages

    In Re: Rochester V., 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    Julian Rochester filed a petition for a writ of mandamus requesting the Fourth Circuit Court of Appeals to direct a South Carolina state court to act on his pending post-conviction relief petition. The Fourth Circuit denied the petition because federal courts do not have the power to compel action by state courts. They granted Rochester's motion to proceed in forma pauperis and dispensed with oral argument because the facts and legal issues were clear based on the submitted materials.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-7142

    In Re: JULIAN EDWARD ROCHESTER,


    Petitioner.

    On Petition for Writ of Mandamus.


    (CA-99-705-20AJ, CA-99-785-20AJ, CA-98-298-20AJ,
    CA-97-3924-20AJ, CA-98-146-21AJ)

    Submitted:

    November 18, 1999

    Decided:

    November 24, 1999

    Before WILKINS, HAMILTON, and LUTTIG, Circuit Judges.

    Petition denied by unpublished per curiam opinion.


    Julian Edward Rochester, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Julian Edward Rochester filed this petition for a writ of mandamus requesting this court to direct a South Carolina state court
    to act on a pending post-conviction relief petition.

    Because we

    have no general power to compel action by state courts, we deny the


    petition.

    See Davis v. Lansing, 851 F.2d 72, 74 (2d Cir. 1988).

    We grant the motion to proceed in forma pauperis and dispense with


    oral 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

    You might also like