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  • In Re: Fort V., 4th Cir. (2009)

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    The petitioner, Dennis E. Fort, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his writ of error coram nobis. The appeals court denied the mandamus petition, finding that the delay was not unreasonable, but did so without prejudice in case the district court does not act expeditiously in the future. The court also granted in forma pauperis status and denied the motion to expedite the case as moot.

    Original Description:

    Filed: 2009-06-09 Precedential Status: Non-Precedential Docket: 09-1303

    Original Title

    In Re: Fort v., 4th Cir. (2009)

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    The petitioner, Dennis E. Fort, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his writ of error coram nobis. The appeals court denied the mandamus petition, finding that the delay was not unreasonable, but did so without prejudice in case the district court does not act expeditiously in the future. The court also granted in forma pauperis status and denied the motion to expedite the case as moot.

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    4 views2 pages

    In Re: Fort V., 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    The petitioner, Dennis E. Fort, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his writ of error coram nobis. The appeals court denied the mandamus petition, finding that the delay was not unreasonable, but did so without prejudice in case the district court does not act expeditiously in the future. The court also granted in forma pauperis status and denied the motion to expedite the case as moot.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-1303

    In Re:

    DENNIS E. FORT,
    Petitioner.

    On Petition for Writ of Mandamus.


    (5:08-hc-02166-H)

    Submitted:

    May 29, 2009

    Decided:

    June 9, 2009

    Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Dennis E. Fort, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Dennis

    E.

    Fort

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed acting on his


    writ of error coram nobis.

    He seeks an order from this court

    directing the district court to act.


    mandamus

    relief

    is

    not

    warranted

    Although we find that

    because

    the

    delay

    is

    not

    unreasonable, we deny the mandamus petition without prejudice to


    the filing of another mandamus petition if the district court
    does not act expeditiously.

    We grant leave to proceed in forma

    pauperis and deny the motion to expedite 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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