Scribd Logo
Upload

Welcome to Scribd!

  • In Re: Manuel Sosa, 74 F.3d 1233, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    3 views2 pages
    Manuel Sosa filed a petition for a writ of mandamus directing the district court to address his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals denied Sosa in forma pauperis status and dismissed the petition. The court had previously allowed Sosa to file a second mandamus petition if the district court delayed action on his § 2255 motion, but a review of the docket revealed that the district court had adopted a magistrate's recommendation to dismiss the motion. As the district court had taken action on the motion, Sosa's petition was now moot to the extent it sought to compel action. The petition also could not substitute for a direct appeal. Therefore, the Fourth Circuit denied

    Original Description:

    Filed: 1996-01-18 Precedential Status: Precedential Citations: 74 F.3d 1233 Docket: 95-8060

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Manuel Sosa filed a petition for a writ of mandamus directing the district court to address his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals denied Sosa in forma pauperis status and dismissed the petition. The court had previously allowed Sosa to file a second mandamus petition if the district court delayed action on his § 2255 motion, but a review of the docket revealed that the district court had adopted a magistrate's recommendation to dismiss the motion. As the district court had taken action on the motion, Sosa's petition was now moot to the extent it sought to compel action. The petition also could not substitute for a direct appeal. Therefore, the Fourth Circuit denied

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    3 views2 pages

    In Re: Manuel Sosa, 74 F.3d 1233, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    Manuel Sosa filed a petition for a writ of mandamus directing the district court to address his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals denied Sosa in forma pauperis status and dismissed the petition. The court had previously allowed Sosa to file a second mandamus petition if the district court delayed action on his § 2255 motion, but a review of the docket revealed that the district court had adopted a magistrate's recommendation to dismiss the motion. As the district court had taken action on the motion, Sosa's petition was now moot to the extent it sought to compel action. The petition also could not substitute for a direct appeal. Therefore, the Fourth Circuit denied

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    74 F.

    3d 1233
    NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished
    dispositions is disfavored except for establishing res judicata, estoppel, or the law
    of the case and requires service of copies of cited unpublished dispositions of the
    Fourth Circuit.

    In re: Manuel SOSA, Petitioner.


    No. 95-8060.

    United States Court of Appeals, Fourth Circuit.


    Submitted Dec. 14, 1995.
    Decided Jan. 18, 1996.

    Manuel Sosa, Petitioner Pro Se.


    Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit
    Judges.
    PER CURIAM:

    Manuel Sosa petitions this court for a writ of mandamus directing the district
    court to address his 28 U.S.C. Sec. 2255 (1988) motion. We deny in forma
    pauperis status and dismiss the petition.

    In denying Sosa's first mandamus petition, we gave him leave to file a second
    mandamus petition if the district court inordinately delayed further action on
    his Sec. 2255 motion. Sosa now alleges such delay has occurred. A review of
    the district court's docket report reveals, however, that the district court did act
    further on the motion, adopting a magistrate judge's recommendation that the
    motion be dismissed. Further, Sosa participated in the proceedings by filing
    objections to the magistrate judge's report and recommendation. Sosa's petition
    is moot to the extent that it is an attempt to force action on the Sec. 2255
    motion, and the petition may not substitute for appeal, In re United
    Steelworkers, 595 F.2d 958, 960 (4th Cir.1979).

    We deny Sosa in forma pauperis status and dismiss his petition. 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.
    DISMISSED

    You might also like