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  • In Re Samuel Henderson, JR., 106 F.3d 390, 4th Cir. (1997)

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    Samuel Henderson Jr. filed a mandamus petition seeking an order to direct the district court to render a decision on his 28 U.S.C. § 2255 motion. Subsequently, the district court entered an order granting Henderson's 28 U.S.C. § 2255 motion. As his mandamus petition was now moot due to the district court's decision, the Fourth Circuit denied the petition without oral argument.

    Original Description:

    Filed: 1997-01-31 Precedential Status: Non-Precedential Citations: 106 F.3d 390 Docket: 96-624

    Original Title

    In Re Samuel Henderson, Jr., 106 F.3d 390, 4th Cir. (1997)

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    Samuel Henderson Jr. filed a mandamus petition seeking an order to direct the district court to render a decision on his 28 U.S.C. § 2255 motion. Subsequently, the district court entered an order granting Henderson's 28 U.S.C. § 2255 motion. As his mandamus petition was now moot due to the district court's decision, the Fourth Circuit denied the petition without oral argument.

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    In Re Samuel Henderson, JR., 106 F.3d 390, 4th Cir. (1997)

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    Samuel Henderson Jr. filed a mandamus petition seeking an order to direct the district court to render a decision on his 28 U.S.C. § 2255 motion. Subsequently, the district court entered an order granting Henderson's 28 U.S.C. § 2255 motion. As his mandamus petition was now moot due to the district court's decision, the Fourth Circuit denied the petition without oral argument.

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    of 1

    106 F.

    3d 390

    NOTICE: Fourth Circuit Local Rule 36(c) 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    of unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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 Samuel HENDERSON, Jr., Petitioner.
    No. 96-624.

    United States Court of Appeals, Fourth Circuit.


    Submitted January 23, 1997.
    Decided Jan. 31, 1997.

    Samuel Henderson, Jr., Petitioner Pro Se.


    Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges.
    PER CURIAM:

    Samuel Henderson, Jr., brought this mandamus petition seeking an order


    directing the district court to render a decision on his motion filed pursuant to
    28 U.S.C. 2255 (1994), amended by Antiterrorism and Effective Death
    Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214. Subsequently, the
    district court entered an order granting Henderson's 28 U.S.C. 2255 motion.
    Because his mandamus petition is now moot, we deny the petition. 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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