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  • In Re Ruey Lynn Davis, 918 F.2d 173, 4th Cir. (1990)

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    Ruey Lynn Davis filed a petition for a writ of mandamus seeking to compel the district court to act on his 28 U.S.C. § 2255 petition. The Fourth Circuit denied the mandamus petition, finding that the district court had not unduly delayed acting on the § 2255 petition and that there were no extraordinary circumstances warranting mandamus relief. The Fourth Circuit also denied oral argument, determining the issues were adequately addressed in the submitted materials.

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    Filed: 1990-11-14 Precedential Status: Non-Precedential Citations: 918 F.2d 173 Docket: 90-8049

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    Ruey Lynn Davis filed a petition for a writ of mandamus seeking to compel the district court to act on his 28 U.S.C. § 2255 petition. The Fourth Circuit denied the mandamus petition, finding that the district court had not unduly delayed acting on the § 2255 petition and that there were no extraordinary circumstances warranting mandamus relief. The Fourth Circuit also denied oral argument, determining the issues were adequately addressed in the submitted materials.

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    In Re Ruey Lynn Davis, 918 F.2d 173, 4th Cir. (1990)

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    Ruey Lynn Davis filed a petition for a writ of mandamus seeking to compel the district court to act on his 28 U.S.C. § 2255 petition. The Fourth Circuit denied the mandamus petition, finding that the district court had not unduly delayed acting on the § 2255 petition and that there were no extraordinary circumstances warranting mandamus relief. The Fourth Circuit also denied oral argument, determining the issues were adequately addressed in the submitted materials.

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    of 1

    918 F.

    2d 173
    Unpublished Disposition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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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 Ruey Lynn DAVIS, Petitioner.
    No. 90-8049.

    United States Court of Appeals, Fourth Circuit.


    Submitted Oct. 29, 1990.
    Decided Nov. 14, 1990.

    On Petition for Writ of Mandamus. (CR-87-280)


    Ruey Lynn Davis, appellant pro se.
    PETITION DENIED.
    Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.
    PER CURIAM:

    Ruey Lynn Davis brought this mandamus petition seeking an order directing
    the district court to act on his 28 U.S.C. Sec. 2255 petition. We hold that the
    district court has not unduly delayed, nor are there extraordinary circumstances
    warranting mandamus relief. In re Beard, 811 F.2d 818 (4th Cir.1987). We
    therefore grant permission to proceed in forma pauperis and deny mandamus
    relief. We dispense with oral argument because the facts and legal contentions
    are adequately presented in the materials before the Court and argument would
    not significantly aid in the decisional process.

    PETITION DENIED.

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