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  • In Re: Benjamin C. Horne, 30 F.3d 129, 4th Cir. (1994)

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    Benjamin Horne filed a petition for a writ of mandamus directing the district court to rule on his motion for relief under 28 U.S.C. Sec. 2255. The appeals court denied the petition because the district court had already denied Sec. 2255 relief on April 12, 1993, rendering Horne's petition moot. The appeals court denied the petition and granted Horne leave to proceed in forma pauperis, finding that oral arguments would not aid the decision.

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    Filed: 1994-07-29 Precedential Status: Non-Precedential Citations: 30 F.3d 129 Docket: 94-8018

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    Benjamin Horne filed a petition for a writ of mandamus directing the district court to rule on his motion for relief under 28 U.S.C. Sec. 2255. The appeals court denied the petition because the district court had already denied Sec. 2255 relief on April 12, 1993, rendering Horne's petition moot. The appeals court denied the petition and granted Horne leave to proceed in forma pauperis, finding that oral arguments would not aid the decision.

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    In Re: Benjamin C. Horne, 30 F.3d 129, 4th Cir. (1994)

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    Benjamin Horne filed a petition for a writ of mandamus directing the district court to rule on his motion for relief under 28 U.S.C. Sec. 2255. The appeals court denied the petition because the district court had already denied Sec. 2255 relief on April 12, 1993, rendering Horne's petition moot. The appeals court denied the petition and granted Horne leave to proceed in forma pauperis, finding that oral arguments would not aid the decision.

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    of 1

    30 F.

    3d 129

    NOTICE: Fourth Circuit I.O.P. 36.6 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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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: Benjamin C. HORNE, Petitioner.
    No. 94-8018.

    United States Court of Appeals, Fourth Circuit.


    Submitted: June 23, 1994.
    Decided: July 29, 1994.

    On Petition for Writ of Mandamus.


    Benjamin C. Horne, Petitioner Pro Se.
    PETITION DENIED.
    Before MURNAGHAN and WILKINS, Circuit Judges, and SPROUSE,
    Senior Circuit Judge.
    PER CURIAM:

    Benjamin Horne petitions this Court for a Writ of Mandamus directing the
    district court to rule on his motion made under 28 U.S.C. Sec. 2255 (1988). The
    record discloses that the district court issued an order denying Sec. 2255 relief
    on April 12, 1993. Because his petition is moot, we deny Horne's application
    for a Writ of Mandamus and 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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