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  • In Re: Ramirez V., 4th Cir. (2007)

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    Lazaro Alvardo Ramirez Jr. filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion to vacate. The court of appeals reviewed the docket and found that the district court had now ordered the government to respond to the motion. As such, the court denied the mandamus petition as moot since the district court had now taken significant action in the case. The court also granted Ramirez's motion to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2007-10-25 Precedential Status: Non-Precedential Docket: 07-7002

    Original Title

    In Re: Ramirez v., 4th Cir. (2007)

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    Lazaro Alvardo Ramirez Jr. filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion to vacate. The court of appeals reviewed the docket and found that the district court had now ordered the government to respond to the motion. As such, the court denied the mandamus petition as moot since the district court had now taken significant action in the case. The court also granted Ramirez's motion to proceed in forma pauperis and dispensed with oral argument.

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    12 views2 pages

    In Re: Ramirez V., 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    Lazaro Alvardo Ramirez Jr. filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion to vacate. The court of appeals reviewed the docket and found that the district court had now ordered the government to respond to the motion. As such, the court denied the mandamus petition as moot since the district court had now taken significant action in the case. The court also granted Ramirez's motion 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    UNPUBLISHED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. 07-7002

    In Re:

    LAZARO ALVARDO RAMIREZ, JR.,

    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    October 18, 2007

    (4:05-cr-00009)

    Decided:

    October 25, 2007

    Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Lazaro Alvardo Ramirez, Jr., Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Lazaro Alvardo Ramirez, Jr., petitions for a writ of
    mandamus, alleging the district court unduly delayed acting on his
    28 U.S.C. 2255 (2000) motion to vacate, as it had neither
    summarily dismissed the motion nor ordered the Government to file
    a response.

    He seeks an order from this court directing the

    district court to act.

    Our review of the docket sheet reveals that

    the district court has now ordered the Government to respond to the
    motion.

    Accordingly, because the district court has now taken

    significant action in Ramirezs case, we deny the mandamus petition


    as moot.
    We

    We grant Ramirezs motion to proceed in forma pauperis.

    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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