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  • In Re: Michael S. Gorbey V., 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit denied Michael Gorbey's petition for a writ of mandamus. Gorbey had sought an order directing the district court to serve his 28 U.S.C. § 2254 petitions on the respondent and order a response. However, the court's review found that the district court had already served Gorbey's petitions on the respondent and received responsive pleadings. Therefore, because Gorbey had already received the relief sought in his petition, the mandamus petition was denied as moot.

    Original Description:

    Filed: 2013-10-24 Precedential Status: Non-Precedential Docket: 13-1772

    Original Title

    In re: Michael S. Gorbey v., 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit denied Michael Gorbey's petition for a writ of mandamus. Gorbey had sought an order directing the district court to serve his 28 U.S.C. § 2254 petitions on the respondent and order a response. However, the court's review found that the district court had already served Gorbey's petitions on the respondent and received responsive pleadings. Therefore, because Gorbey had already received the relief sought in his petition, the mandamus petition was denied as moot.

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    4 views2 pages

    In Re: Michael S. Gorbey V., 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Michael Gorbey's petition for a writ of mandamus. Gorbey had sought an order directing the district court to serve his 28 U.S.C. § 2254 petitions on the respondent and order a response. However, the court's review found that the district court had already served Gorbey's petitions on the respondent and received responsive pleadings. Therefore, because Gorbey had already received the relief sought in his petition, the mandamus petition was denied as moot.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-1772

    In re:

    MICHAEL S. GORBEY,

    Petitioner.

    On Petition for Writ of Mandamus.


    (2:12-cv-00667-RAJ-TEM)

    Submitted:

    October 22, 2013

    Decided:

    October 24, 2013

    Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Michael S. Gorbey, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Michael S. Gorbey petitions for a writ of mandamus,
    seeking an order from this court directing the district court to
    serve on Respondent his 28 U.S.C. 2254 (2006) petitions and
    order a response.

    Our review of the district courts docket

    reveals that Gorbeys petitions were served on Respondent, and


    Respondent has filed responsive pleadings.

    Accordingly, because

    Gorbey has received the relief he seeks, we grant his motion to


    proceed

    in

    moot.

    We dispense with oral argument because the facts and

    legal
    before

    forma

    contentions
    this

    court

    pauperis

    but

    deny

    are

    adequately

    and

    argument

    the

    mandamus

    presented

    would

    not

    in
    aid

    petition

    the
    the

    as

    materials
    decisional

    process.

    PETITION DENIED

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