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  • In Re: Johnny Gore, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit denied Johnny Lee Gore's petition for a writ of mandamus. Gore alleged that the district court unduly delayed acting on his motion for reconsideration. However, the Court of Appeals reviewed the district court's docket and found that the district court had ruled on Gore's motion on September 9, 2011, making the mandamus petition moot. The Court of Appeals therefore denied the petition and allowed Gore to proceed in forma pauperis without oral argument.

    Original Description:

    Filed: 2011-10-17 Precedential Status: Non-Precedential Docket: 11-1917

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    The United States Court of Appeals for the Fourth Circuit denied Johnny Lee Gore's petition for a writ of mandamus. Gore alleged that the district court unduly delayed acting on his motion for reconsideration. However, the Court of Appeals reviewed the district court's docket and found that the district court had ruled on Gore's motion on September 9, 2011, making the mandamus petition moot. The Court of Appeals therefore denied the petition and allowed Gore to proceed in forma pauperis without oral argument.

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    10 views2 pages

    In Re: Johnny Gore, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Johnny Lee Gore's petition for a writ of mandamus. Gore alleged that the district court unduly delayed acting on his motion for reconsideration. However, the Court of Appeals reviewed the district court's docket and found that the district court had ruled on Gore's motion on September 9, 2011, making the mandamus petition moot. The Court of Appeals therefore denied the petition and allowed Gore to proceed in forma pauperis without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-1917

    In re:

    JOHNNY LEE GORE, a/k/a Manager,

    Petitioner.

    On Petition for a Writ of Mandamus


    (4:01-cr-00627-CWH-9; 4:10-cv-70283-CWH)

    Submitted:

    October 13, 2011

    Decided:

    October 17, 2011

    Before SHEDD, AGEE, and WYNN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Johnny Lee Gore, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Johnny

    Lee

    Gore

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed acting on his


    motion for reconsideration.

    He seeks an order from this court

    directing the district court to act.


    courts

    docket

    reveals

    that

    motion on September 9, 2011.

    the

    Our review of the district

    district

    court

    ruled

    on

    the

    Accordingly, because the district

    court has recently decided Gores motion, we deny the mandamus


    petition as moot.

    We grant leave to proceed in forma pauperis.

    We

    oral

    dispense

    with

    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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