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

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    Donald Barkley filed a petition for a writ of mandamus against a district court for unreasonable delay in deciding his 28 U.S.C. § 2254 petition. The appeals court denied the petition, finding no unreasonable delay by the district court. While allowing Barkley to proceed in forma pauperis, the court denied the petition without prejudice to refiling. The court also dispensed with oral arguments, as the facts and legal issues were clear based on the materials submitted.

    Original Description:

    Filed: 2004-12-16 Precedential Status: Non-Precedential Docket: 04-7346

    Original Title

    In re: Barkley v., 4th Cir. (2004)

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    Donald Barkley filed a petition for a writ of mandamus against a district court for unreasonable delay in deciding his 28 U.S.C. § 2254 petition. The appeals court denied the petition, finding no unreasonable delay by the district court. While allowing Barkley to proceed in forma pauperis, the court denied the petition without prejudice to refiling. The court also dispensed with oral arguments, as the facts and legal issues were clear based on the materials submitted.

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    Public Domain
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    7 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Donald Barkley filed a petition for a writ of mandamus against a district court for unreasonable delay in deciding his 28 U.S.C. § 2254 petition. The appeals court denied the petition, finding no unreasonable delay by the district court. While allowing Barkley to proceed in forma pauperis, the court denied the petition without prejudice to refiling. The court also dispensed with oral arguments, as the facts and legal issues were clear based on the materials submitted.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7346

    In Re:

    DONALD ANDRE BARKLEY,


    Petitioner.

    On Petition For Writ of Mandamus (CA-02-69)

    Submitted:

    December 9, 2004

    Decided:

    December 16, 2004

    Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Donald Andre Barkley, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Donald Andre Barkley filed this petition for writ of
    mandamus alleging that the district court has unreasonably delayed
    acting on his 28 U.S.C. 2254 (2000) petition.

    Barkley seeks an

    order requiring the district court to decide the case.

    We find no

    unreasonable delay. Therefore, while we grant the motion for leave


    to

    proceed

    in

    forma

    pauperis,

    we

    deny

    prejudice to Barkleys right to refile.

    the

    petition

    without

    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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