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

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    Raymond Douglas Massenburg, Jr. filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his Rule 60(b) motion for reconsideration. The Fourth Circuit Court of Appeals denied the petition, finding that the delay was not unreasonable. However, the denial was without prejudice to filing another mandamus petition if the district court does not act expeditiously on the Rule 60(b) motion. The court also granted Massenburg's request to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2009-09-08 Precedential Status: Non-Precedential Docket: 09-1293

    Original Title

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

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    Raymond Douglas Massenburg, Jr. filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his Rule 60(b) motion for reconsideration. The Fourth Circuit Court of Appeals denied the petition, finding that the delay was not unreasonable. However, the denial was without prejudice to filing another mandamus petition if the district court does not act expeditiously on the Rule 60(b) motion. The court also granted Massenburg's request to proceed in forma pauperis and dispensed with oral argument.

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    9 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Raymond Douglas Massenburg, Jr. filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his Rule 60(b) motion for reconsideration. The Fourth Circuit Court of Appeals denied the petition, finding that the delay was not unreasonable. However, the denial was without prejudice to filing another mandamus petition if the district court does not act expeditiously on the Rule 60(b) motion. The court also granted Massenburg's request 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    UNPUBLISHED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. 09-1293

    In Re:

    RAYMOND DOUGLAS MASSENBURG, JR.,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    August 18, 2009

    (3:97-cr-00003-REP-1)

    Decided:

    September 8, 2009

    Before NIEMEYER, KING, and SHEDD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Raymond Douglas Massenburg, Jr., Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Raymond Douglas Massenburg, Jr., petitions for a writ
    of

    mandamus,

    alleging

    the

    district

    court

    has

    unduly

    delayed

    acting on his Fed. R. Civ. P. 60(b) motion for reconsideration.


    He seeks an order from this court directing the district court
    to act.
    because

    Although we find that mandamus relief is not warranted


    the

    delay

    is

    not

    unreasonable,

    we

    deny

    the

    mandamus

    petition without prejudice to the filing of another mandamus


    petition if the district court does not act expeditiously.
    grant leave to proceed in forma pauperis.

    We

    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

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