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  • In Re Yusuf Abdul Al-Wahhab Robert S. Hill, Jr. Walter Ellis Paige Jeffrey A. Middleton Roger A. Taylor, Sr. Brian Mallory Everett Estan Borror, JR., 23 F.3d 399, 4th Cir. (1994)

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    The petitioners filed a writ of mandamus seeking to direct the clerk's office to accept and docket their 42 U.S.C. § 1983 complaints. However, the court found that the clerk had already filed the complaints, as revealed in previous orders dismissing the complaints for lack of merit. Therefore, the petition was deemed moot since the complaints had already been filed. The court denied the petition and dispensed with oral argument, finding the issues were adequately presented.

    Original Description:

    Filed: 1994-04-04 Precedential Status: Precedential Citations: 23 F.3d 399 Docket: 93-8069

    Original Title

    In Re Yusuf Abdul Al-Wahhab Robert S. Hill, Jr. Walter Ellis Paige Jeffrey A. Middleton Roger A. Taylor, Sr. Brian Mallory Everett Estan Borror, Jr., 23 F.3d 399, 4th Cir. (1994)

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    The petitioners filed a writ of mandamus seeking to direct the clerk's office to accept and docket their 42 U.S.C. § 1983 complaints. However, the court found that the clerk had already filed the complaints, as revealed in previous orders dismissing the complaints for lack of merit. Therefore, the petition was deemed moot since the complaints had already been filed. The court denied the petition and dispensed with oral argument, finding the issues were adequately presented.

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    7 views2 pages

    In Re Yusuf Abdul Al-Wahhab Robert S. Hill, Jr. Walter Ellis Paige Jeffrey A. Middleton Roger A. Taylor, Sr. Brian Mallory Everett Estan Borror, JR., 23 F.3d 399, 4th Cir. (1994)

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    The petitioners filed a writ of mandamus seeking to direct the clerk's office to accept and docket their 42 U.S.C. § 1983 complaints. However, the court found that the clerk had already filed the complaints, as revealed in previous orders dismissing the complaints for lack of merit. Therefore, the petition was deemed moot since the complaints had already been filed. The court denied the petition and dispensed with oral argument, finding the issues were adequately presented.

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    of 2

    23 F.

    3d 399
    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 Yusuf Abdul AL-WAHHAB; Robert S. Hill, Jr.; Walter


    Ellis Paige; Jeffrey A. Middleton; Roger A.
    Taylor, Sr.; Brian Mallory; Everett
    Estan Borror, Jr., Petitioners.
    No. 93-8069.

    United States Court of Appeals, Fourth Circuit.


    Submitted March 17, 1994.
    Decided April 4, 1994.

    On Petition for Writ of Mandamus.


    Petition denied by unpublished per curiam opinion.
    Yusuf Abdul Al-Wahhab, Robert S. Hill, Jr., Walter Ellis Paige, Jeffrey
    A. Middleton, Roger A. Taylor, Sr., Brian Mallory, Everett Estan Borror,
    Jr., petitioners pro se.
    Before PHILLIPS and LUTTIG, Circuit Judges, and BUTZNER, Senior
    Circuit Judge.
    PER CURIAM:

    Yusuf Al-Wahhab, Walter Paige, Robert Hill, Jeffrey Middleton, Roger Taylor,
    Brian Mallory, and Everett Borror petition this Court for a writ of mandamus
    directing the clerk's office in the Western District of Virginia to accept and
    docket their 42 U.S.C. Sec. 1983 (1988) complaints. Petitioners also moved for
    amendment of the petition to name Judge James Turk as a respondent and to
    submit various orders of Judge Turk as support for their petition.

    Petitioners alleged, without support, that the clerk failed to file and docket their
    complaints. However, Petitioners' submission of previous orders of Judge Turk

    reveal that the clerk did, in fact, file their complaints and that the complaints
    were dismissed for their lack of merit. Thus, the petition is moot; the
    Petitioners have had their complaints filed.*
    3

    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.

    We grant Petitioners leave to proceed in forma pauperis, deny the motion to


    amend the petition, and grant the motion to submit additional documents

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