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  • In Re: Privott V., 4th Cir. (2004)

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    Arthur Privott filed a petition for a writ of mandamus against the district court for unduly delaying action on the appeals court's 2002 judgment vacating and remanding the dismissal of Privott's 28 U.S.C. § 2255 motion. While the appeals court found that mandamus relief was not warranted because the district court had recently taken significant action in the case, it denied the petition without prejudice and granted Privott in forma pauperis status.

    Original Description:

    Filed: 2004-11-16 Precedential Status: Non-Precedential Docket: 04-7000

    Original Title

    In Re: Privott v., 4th Cir. (2004)

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    Arthur Privott filed a petition for a writ of mandamus against the district court for unduly delaying action on the appeals court's 2002 judgment vacating and remanding the dismissal of Privott's 28 U.S.C. § 2255 motion. While the appeals court found that mandamus relief was not warranted because the district court had recently taken significant action in the case, it denied the petition without prejudice and granted Privott in forma pauperis status.

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    1 views2 pages

    In Re: Privott V., 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Arthur Privott filed a petition for a writ of mandamus against the district court for unduly delaying action on the appeals court's 2002 judgment vacating and remanding the dismissal of Privott's 28 U.S.C. § 2255 motion. While the appeals court found that mandamus relief was not warranted because the district court had recently taken significant action in the case, it denied the petition without prejudice and granted Privott in forma pauperis status.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7000

    In Re:

    ARTHUR W. PRIVOTT, a/k/a Big Bud,

    Petitioner.

    On Petition for Writ of Mandamus


    (CR-99-73; CA-99-73-2-BO)

    Submitted:

    October 15, 2004

    Decided:

    November 16, 2004

    Before NIEMEYER, LUTTIG, and KING, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Arthur W. Privott, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Arthur W. Privott petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on our
    March 29, 2002 judgment that vacated and remanded its dismissal of
    his 28 U.S.C. 2255 (2000) motion.

    Privott seeks an order from

    this Court directing the district court to act.

    Although we find

    that mandamus relief is not warranted because the district court


    has recently taken significant action in this case, we deny the
    mandamus petition without prejudice.
    forma pauperis.

    We grant leave to proceed in

    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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