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  • In Re: Sanders V., 4th Cir. (2002)

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    The petitioner Jerry Sanders filed a petition for a writ of mandamus seeking an order to compel the district court to rule on his Rule 60(b) motion and subsequent petition. The court dismissed the petition as moot, as the district court had already ruled on and denied the Rule 60(b) motion on May 4, 2001 and dismissed the subsequent petition as moot on November 26, 2001. The court granted the petitioner's request to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2002-01-15 Precedential Status: Non-Precedential Docket: 01-7936

    Original Title

    In re: Sanders v., 4th Cir. (2002)

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    The petitioner Jerry Sanders filed a petition for a writ of mandamus seeking an order to compel the district court to rule on his Rule 60(b) motion and subsequent petition. The court dismissed the petition as moot, as the district court had already ruled on and denied the Rule 60(b) motion on May 4, 2001 and dismissed the subsequent petition as moot on November 26, 2001. The court granted the petitioner's request to proceed in forma pauperis and dispensed with oral argument.

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    8 views2 pages

    In Re: Sanders V., 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The petitioner Jerry Sanders filed a petition for a writ of mandamus seeking an order to compel the district court to rule on his Rule 60(b) motion and subsequent petition. The court dismissed the petition as moot, as the district court had already ruled on and denied the Rule 60(b) motion on May 4, 2001 and dismissed the subsequent petition as moot on November 26, 2001. The court granted the petitioner's request to proceed in forma pauperis and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7936

    In Re: JERRY SANDERS,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    December 26, 2001

    (CR-93-34-MU)

    Decided:

    January 15, 2002

    Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges.

    Petition dismissed by unpublished per curiam opinion.


    Jerry Sanders, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jerry Sanders filed a petition for a writ of mandamus seeking
    an order compelling the district court to rule on his Fed. R. Civ.
    P. 60(b) motion and his subsequent petition for ruling on the
    merits.

    We dismiss the petition as moot.

    Our review of the district courts docket sheet shows that the
    court entered an order denying Sanders Rule 60(b) motion on May 4,
    2001.

    The court dismissed as moot his petition for ruling on the

    merits on November 26, 2001.


    Accordingly, we dismiss Sanders petition for a writ of
    mandamus as moot. Sanders request to proceed in forma pauperis is
    granted.

    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 DISMISSED

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