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  • In Re: Burnham V., 4th Cir. (2005)

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    Timothy B. Burnham 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 appeals court denied the petition without prejudice, finding that the delay was not unreasonable but allowing Burnham to file another petition if the district court does not act expeditiously. The court granted Burnham in forma pauperis status and dispensed with oral argument.

    Original Description:

    Filed: 2005-04-25 Precedential Status: Non-Precedential Docket: 04-8012

    Original Title

    In Re: Burnham v., 4th Cir. (2005)

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    Timothy B. Burnham 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 appeals court denied the petition without prejudice, finding that the delay was not unreasonable but allowing Burnham to file another petition if the district court does not act expeditiously. The court granted Burnham in forma pauperis status and dispensed with oral argument.

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    2 views2 pages

    In Re: Burnham V., 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    Timothy B. Burnham 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 appeals court denied the petition without prejudice, finding that the delay was not unreasonable but allowing Burnham to file another petition if the district court does not act expeditiously. The court granted Burnham in forma pauperis status and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-8012

    In Re:

    TIMOTHY B. BURNHAM,

    Petitioner.

    On Petition for Writ of Mandamus.


    (CA-04-210-3; CR-01-11)

    Submitted:

    April 1, 2005

    Decided:

    April 25, 2005

    Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Timothy B. Burnham, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Timothy

    B.

    Burnham

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed acting on his 28


    U.S.C. 2255 (2000) motion.

    He seeks an order from this court

    directing the district court to act.


    mandamus

    relief

    is

    not

    warranted

    Although we find that

    because

    the

    delay

    is

    not

    unreasonable, we deny the mandamus petition without prejudice to


    the filing of another mandamus petition if the district court does
    not

    act

    pauperis.

    expeditiously.

    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


    the court and argument would not aid the decisional process.

    PETITION DENIED

    - 2 -

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