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

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    Floyd Junior Powell filed a petition for a writ of mandamus with the United States Court of Appeals for the Fourth Circuit, alleging undue delay by the district court in acting on his habeas motion under 28 U.S.C. § 2255. The Fourth Circuit denied the petition, finding no undue delay by the district court. While allowing Powell to proceed in forma pauperis, the Fourth Circuit dispensed with oral argument, determining the facts and legal issues were adequately presented in the court materials. The petition for a writ of mandamus directing the district court to act was denied.

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

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    Floyd Junior Powell filed a petition for a writ of mandamus with the United States Court of Appeals for the Fourth Circuit, alleging undue delay by the district court in acting on his habeas motion under 28 U.S.C. § 2255. The Fourth Circuit denied the petition, finding no undue delay by the district court. While allowing Powell to proceed in forma pauperis, the Fourth Circuit dispensed with oral argument, determining the facts and legal issues were adequately presented in the court materials. The petition for a writ of mandamus directing the district court to act was denied.

    Original Description:

    Filed: 2003-09-10 Precedential Status: Non-Precedential Docket: 03-7094

    Original Title

    In re: Powell v., 4th Cir. (2003)

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    Floyd Junior Powell filed a petition for a writ of mandamus with the United States Court of Appeals for the Fourth Circuit, alleging undue delay by the district court in acting on his habeas motion under 28 U.S.C. § 2255. The Fourth Circuit denied the petition, finding no undue delay by the district court. While allowing Powell to proceed in forma pauperis, the Fourth Circuit dispensed with oral argument, determining the facts and legal issues were adequately presented in the court materials. The petition for a writ of mandamus directing the district court to act was denied.

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    8 views2 pages

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

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    Floyd Junior Powell filed a petition for a writ of mandamus with the United States Court of Appeals for the Fourth Circuit, alleging undue delay by the district court in acting on his habeas motion under 28 U.S.C. § 2255. The Fourth Circuit denied the petition, finding no undue delay by the district court. While allowing Powell to proceed in forma pauperis, the Fourth Circuit dispensed with oral argument, determining the facts and legal issues were adequately presented in the court materials. The petition for a writ of mandamus directing the district court to act was denied.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7094

    In Re:

    FLOYD JUNIOR DICK POWELL,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    August 28, 2003

    (CR-99-12)

    Decided:

    September 10, 2003

    Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Floyd Junior Powell, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Floyd Junior Dick Powell petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his habeas
    motion filed under 28 U.S.C. 2255 (2000).

    He seeks an order from

    this court directing the district court to act.


    been no undue delay in the district court.

    We find there has

    Accordingly, although

    we grant leave to proceed in forma pauperis, 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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