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  • In Re: Gore V., 4th Cir. (2009)

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    Johnny Lee Gore filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion for a new trial. The appellate court reviewed the docket and found that the district court had denied Gore's motion after he filed the mandamus petition. As such, the appellate court denied the mandamus petition as moot since the district court had now ruled on the motion. The appellate court also granted Gore leave to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2009-03-11 Precedential Status: Non-Precedential Docket: 08-2280

    Original Title

    In Re: Gore v., 4th Cir. (2009)

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    Johnny Lee Gore filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion for a new trial. The appellate court reviewed the docket and found that the district court had denied Gore's motion after he filed the mandamus petition. As such, the appellate court denied the mandamus petition as moot since the district court had now ruled on the motion. The appellate court also granted Gore leave to proceed in forma pauperis and dispensed with oral argument.

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    3 views2 pages

    In Re: Gore V., 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    Johnny Lee Gore filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his motion for a new trial. The appellate court reviewed the docket and found that the district court had denied Gore's motion after he filed the mandamus petition. As such, the appellate court denied the mandamus petition as moot since the district court had now ruled on the motion. The appellate court also granted Gore leave 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    UNPUBLISHED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. 08-2280

    In Re:

    JOHNNY LEE GORE,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    February 12, 2009

    (4:01-cr-00627-CWH-9)

    Decided:

    March 11, 2009

    Before KING, GREGORY, and DUNCAN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Johnny Lee Gore, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Johnny
    alleging

    the

    Lee

    Gore

    district

    petitions

    court

    motion for a new trial.

    has

    for

    unduly

    writ

    delayed

    of

    mandamus,

    acting

    on

    He seeks an order from this court

    directing the district court to act.

    Our review of the docket

    sheet reveals that the district court denied Gores motion for a
    new trial after he filed this mandamus petition.

    Accordingly,

    because the district court has recently ruled on Gores motions,


    we

    deny

    proceed

    the
    in

    mandamus
    forma

    petition

    pauperis.

    as

    We

    moot.
    dispense

    We
    with

    grant
    oral

    leave

    to

    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

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