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  • In Re: Hatten V., 4th Cir. (2003)

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    Lewis Hatten filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 action. The United States Court of Appeals for the Fourth Circuit denied the petition as moot, as the court's review revealed that the magistrate judge had issued a report and recommendation in Hatten's § 2255 action on November 8, 2002. The court granted Hatten leave to proceed in forma pauperis and dispensed with oral argument.

    Original Description:

    Filed: 2003-01-22 Precedential Status: Non-Precedential Docket: 02-7649

    Original Title

    In Re: Hatten v., 4th Cir. (2003)

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    Lewis Hatten filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 action. The United States Court of Appeals for the Fourth Circuit denied the petition as moot, as the court's review revealed that the magistrate judge had issued a report and recommendation in Hatten's § 2255 action on November 8, 2002. The court granted Hatten leave to proceed in forma pauperis and dispensed with oral argument.

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    5 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Lewis Hatten filed a petition for a writ of mandamus alleging that the district court unduly delayed acting on his 28 U.S.C. § 2255 action. The United States Court of Appeals for the Fourth Circuit denied the petition as moot, as the court's review revealed that the magistrate judge had issued a report and recommendation in Hatten's § 2255 action on November 8, 2002. The court granted Hatten leave to proceed in forma pauperis and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7649

    In Re: LEWIS HATTEN,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    December 19, 2002

    (CR-99-62)

    Decided:

    January 22, 2003

    Before WILKINS, TRAXLER, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Lewis Hatten, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

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

    He seeks an order from this court directing the

    district court to act.

    Our review of the docket sheet reveals that

    the magistrate judge issued a report and recommendation in Hattens


    2255 action on November 8, 2002.

    Accordingly, because the

    district court has recently acted in Hattens case, we deny the


    mandamus petition as moot.
    pauperis.

    We grant leave to proceed in forma

    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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