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  • In Re: Albert Charles Burgess, JR., 28 F.3d 1208, 4th Cir. (1994)

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    Albert C. Burgess filed a petition for a writ of mandamus to compel the US District Court for South Carolina to rule on his motion under Rule 60(b) of the Federal Rules of Civil Procedure. The Fourth Circuit denied the petition without prejudice because the record in the underlying case was lost in the district court. The court instructed Burgess to apply under 28 U.S.C. Sec. 1734 to have the lost records established, which he could do by refiling his Rule 60(b) motion and any supporting papers.

    Original Description:

    Filed: 1994-07-12 Precedential Status: Non-Precedential Citations: 28 F.3d 1208 Docket: 94-8008

    Original Title

    In Re: Albert Charles Burgess, Jr., 28 F.3d 1208, 4th Cir. (1994)

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    Albert C. Burgess filed a petition for a writ of mandamus to compel the US District Court for South Carolina to rule on his motion under Rule 60(b) of the Federal Rules of Civil Procedure. The Fourth Circuit denied the petition without prejudice because the record in the underlying case was lost in the district court. The court instructed Burgess to apply under 28 U.S.C. Sec. 1734 to have the lost records established, which he could do by refiling his Rule 60(b) motion and any supporting papers.

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    In Re: Albert Charles Burgess, JR., 28 F.3d 1208, 4th Cir. (1994)

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    Albert C. Burgess filed a petition for a writ of mandamus to compel the US District Court for South Carolina to rule on his motion under Rule 60(b) of the Federal Rules of Civil Procedure. The Fourth Circuit denied the petition without prejudice because the record in the underlying case was lost in the district court. The court instructed Burgess to apply under 28 U.S.C. Sec. 1734 to have the lost records established, which he could do by refiling his Rule 60(b) motion and any supporting papers.

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    of 1

    28 F.

    3d 1208

    NOTICE: Fourth Circuit I.O.P. 36.6 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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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: Albert Charles BURGESS, Jr., Petitioner.
    No. 94-8008.

    United States Court of Appeals, Fourth Circuit.


    Submitted: June 28, 1994.
    Decided: July 12, 1994.

    On Petition for Writ of Mandamus.


    Albert Charles Burgess, Jr., petitioner Pro Se.
    PETITION DENIED.
    Before HALL and PHILLIPS, Circuit Judges, and BUTZNER, Senior
    Circuit Judge.
    PER CURIAM:

    Albert C. Burgess filed this petition for writ of mandamus seeking an order
    compelling the United States District Court for the District of South Carolina to
    rule on his motion pursuant to Fed.R.Civ.P. 60(b). Because the record in this
    case has been lost in the district court, we grant leave to proceed in forma
    pauperis, but deny the petition for writ of mandamus without prejudice. The
    petitioner should apply for an order establishing the lost or destroyed records
    pursuant to 28 U.S.C. Sec. 1734. The petitioner may do this by refiling his Rule
    60(b) motion and any sup-porting papers that he previously filed. If an answer
    to the 60(b) motion was previously filed, the district court should direct the
    respondent to file a copy of the answer.

    PETITION DENIED.

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