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  • In Re: Davis V., 4th Cir. (2004)

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    Walter Jacob Davis filed a petition for a writ of mandamus alleging that the district court unduly delayed in ruling on his Rule 60(b) motion. The court denied the petition without prejudice because it found that the delay was not unreasonable. However, the court noted that Davis could file another mandamus petition if the district court did not act expeditiously on his Rule 60(b) motion in the future. The court also granted Davis' motion to proceed in forma pauperis.

    Original Description:

    Filed: 2004-09-28 Precedential Status: Non-Precedential Docket: 04-6846

    Original Title

    In Re: Davis v., 4th Cir. (2004)

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    Walter Jacob Davis filed a petition for a writ of mandamus alleging that the district court unduly delayed in ruling on his Rule 60(b) motion. The court denied the petition without prejudice because it found that the delay was not unreasonable. However, the court noted that Davis could file another mandamus petition if the district court did not act expeditiously on his Rule 60(b) motion in the future. The court also granted Davis' motion to proceed in forma pauperis.

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    11 views2 pages

    In Re: Davis V., 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Walter Jacob Davis filed a petition for a writ of mandamus alleging that the district court unduly delayed in ruling on his Rule 60(b) motion. The court denied the petition without prejudice because it found that the delay was not unreasonable. However, the court noted that Davis could file another mandamus petition if the district court did not act expeditiously on his Rule 60(b) motion in the future. The court also granted Davis' motion to proceed in forma pauperis.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6846

    IN RE:

    WALTER JACOB DAVIS,

    Petitioner.

    On Petition for Writ of Mandamus.


    (CR-94-73; CA-01-59-5-F)

    Submitted:

    September 16, 2004

    Decided:

    September 28, 2004

    Before LUTTIG, KING, and DUNCAN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Walter Jacob Davis, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Walter

    Jacob

    Davis

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed in acting upon his
    Fed. R. Civ. P. 60(b) motion.

    Although we find that mandamus

    relief is not warranted, because 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.

    We

    grant

    Davis

    motion

    to

    proceed

    in

    forma

    pauperis. 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

    - 2 -

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