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  • In Re: McLamb V., 4th Cir. (2003)

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    Ernest Earl McLamb filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. After McLamb filed the mandamus petition, the district court ruled on his § 2255 motion, rendering the mandamus petition moot. The Fourth Circuit denied the petition as moot but granted McLamb's motion to proceed in forma pauperis.

    Original Description:

    Filed: 2003-04-18 Precedential Status: Non-Precedential Docket: 02-7358

    Original Title

    In re: McLamb v., 4th Cir. (2003)

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    Ernest Earl McLamb filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. After McLamb filed the mandamus petition, the district court ruled on his § 2255 motion, rendering the mandamus petition moot. The Fourth Circuit denied the petition as moot but granted McLamb's motion to proceed in forma pauperis.

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    7 views2 pages

    In Re: McLamb V., 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    Ernest Earl McLamb filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. After McLamb filed the mandamus petition, the district court ruled on his § 2255 motion, rendering the mandamus petition moot. The Fourth Circuit denied the petition as moot but granted McLamb's motion to proceed in forma pauperis.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7358

    In Re: ERNEST EARL MCLAMB,


    Petitioner.

    On Petition for Writ of Mandamus.


    (CR-98-62, CA-00-243-F)

    Submitted:

    April 3, 2003

    Decided:

    April 18, 2003

    Before MICHAEL, KING, and SHEDD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Ernest Earl McLamb, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Ernest Earl McLamb petitions for a writ of mandamus, alleging
    the district court has unduly delayed acting on his 28 U.S.C.
    2255 (2000) motion.

    He seeks an order from this court directing

    the district court to act. After McLamb filed the instant mandamus
    petition,

    the

    district

    court

    ruled

    on

    his

    2255

    motion.

    Accordingly, we deny McLambs mandamus petition as moot but grant


    his 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

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