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  • In Re: Todd V., 4th Cir. (1996)

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    Henry Todd filed a petition for a writ of mandamus ordering the district court to rule on his 28 U.S.C. § 2255 motion and motion for rehearing. The court denied the petition as moot, as the district court had already denied Todd's motion for rehearing on July 31, 1995 and granted summary judgment for defendants in Todd's § 2255 motion on December 19, 1995, providing the relief sought in the petition. The court of appeals denied the petition and dispensed with oral argument, concluding the facts and legal issues were adequately presented.

    Original Description:

    Filed: 1996-04-12 Precedential Status: Non-Precedential Docket: 95-8093

    Original Title

    In Re: Todd v., 4th Cir. (1996)

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    Henry Todd filed a petition for a writ of mandamus ordering the district court to rule on his 28 U.S.C. § 2255 motion and motion for rehearing. The court denied the petition as moot, as the district court had already denied Todd's motion for rehearing on July 31, 1995 and granted summary judgment for defendants in Todd's § 2255 motion on December 19, 1995, providing the relief sought in the petition. The court of appeals denied the petition and dispensed with oral argument, concluding the facts and legal issues were adequately presented.

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    6 views2 pages

    In Re: Todd V., 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    Henry Todd filed a petition for a writ of mandamus ordering the district court to rule on his 28 U.S.C. § 2255 motion and motion for rehearing. The court denied the petition as moot, as the district court had already denied Todd's motion for rehearing on July 31, 1995 and granted summary judgment for defendants in Todd's § 2255 motion on December 19, 1995, providing the relief sought in the petition. The court of appeals denied the petition and dispensed with oral argument, concluding the facts and legal issues were adequately presented.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 95-8093

    In Re: HENRY SCARBOROUGH TODD,


    Petitioner.

    On Petition for Writ of Mandamus. (CR-92-301)


    Submitted:

    March 21, 1996

    Decided:

    April 12, 1996

    Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.
    Petition denied by unpublished per curiam opinion.
    Henry Scarborough Todd, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Petitioner seeks a writ of mandamus from this court, ordering
    the district court to rule on his 28 U.S.C. 2255 (1988) motion
    and his motion for rehearing. The district court denied Petitioner's motion for rehearing by order entered July 31, 1995. The court
    granted summary judgment to Defendants in Petitioner's 2255 motion on December 19, 1995. Because Petitioner has already received
    the relief he now seeks, we grant leave to proceed in forma pauperis and deny his petition as moot. 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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