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  • In Re: Woodberry V., 4th Cir. (2006)

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    Christopher Woodberry filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his § 2255 motion. The Fourth Circuit denied the petition, finding no undue delay, and also denied Woodberry's request for expedited consideration as moot. While allowing Woodberry to proceed in forma pauperis, the court concluded the district court had not delayed improperly in addressing Woodberry's § 2255 motion.

    Original Description:

    Filed: 2006-03-15 Precedential Status: Non-Precedential Docket: 05-7762

    Original Title

    In re: Woodberry v., 4th Cir. (2006)

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    Christopher Woodberry filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his § 2255 motion. The Fourth Circuit denied the petition, finding no undue delay, and also denied Woodberry's request for expedited consideration as moot. While allowing Woodberry to proceed in forma pauperis, the court concluded the district court had not delayed improperly in addressing Woodberry's § 2255 motion.

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    2 views2 pages

    In Re: Woodberry V., 4th Cir. (2006)

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    Scribd Government Docs
    Christopher Woodberry filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his § 2255 motion. The Fourth Circuit denied the petition, finding no undue delay, and also denied Woodberry's request for expedited consideration as moot. While allowing Woodberry to proceed in forma pauperis, the court concluded the district court had not delayed improperly in addressing Woodberry's § 2255 motion.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7762

    In Re:

    CHRISTOPHER R. WOODBERRY,

    Petitioner.

    On Petition for Writ of Mandamus.


    (CA-05-1440-4; CR-02-40)

    Submitted:

    February 28, 2006

    Decided:

    March 15, 2006

    Before WILLIAMS, KING, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Christopher R. Woodberry, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Christopher

    Raphael

    Woodberry

    petitions

    for

    writ

    of

    mandamus, alleging the district court has unduly delayed acting on


    his motion under 28 U.S.C. 2255 (2000).

    He seeks an order from

    this court directing the district court to act.

    He also requests

    expedited consideration of his petition. We find there has been no


    undue delay in the district court.

    Accordingly, while we grant

    Woodberrys application to proceed in forma pauperis in this court,


    we deny his petition for mandamus relief.

    We deny Woodberrys

    motion for expedited consideration 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

    - 2 -

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