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  • In Re: Rowe V., 4th Cir. (1998)

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    Johnnie Rowe filed a petition for a writ of mandamus to compel the district court to act on his response to a motion to dismiss his 42 U.S.C. § 1983 action. The motion to dismiss was filed in October 1997 and Rowe responded, with both documents now before a magistrate judge. The appeals court found that the delay in the district court ruling had not been unreasonable and denied the petition for mandamus, without prejudice to refiling if the district court does not act within a reasonable time.

    Original Description:

    Filed: 1998-05-15 Precedential Status: Non-Precedential Docket: 98-527

    Original Title

    In re: Rowe v., 4th Cir. (1998)

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    Johnnie Rowe filed a petition for a writ of mandamus to compel the district court to act on his response to a motion to dismiss his 42 U.S.C. § 1983 action. The motion to dismiss was filed in October 1997 and Rowe responded, with both documents now before a magistrate judge. The appeals court found that the delay in the district court ruling had not been unreasonable and denied the petition for mandamus, without prejudice to refiling if the district court does not act within a reasonable time.

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    3 views2 pages

    In Re: Rowe V., 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    Johnnie Rowe filed a petition for a writ of mandamus to compel the district court to act on his response to a motion to dismiss his 42 U.S.C. § 1983 action. The motion to dismiss was filed in October 1997 and Rowe responded, with both documents now before a magistrate judge. The appeals court found that the delay in the district court ruling had not been unreasonable and denied the petition for mandamus, without prejudice to refiling if the district court does not act within a reasonable time.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-527

    In Re: JOHNNIE ROWE,


    Petitioner.

    On Petition for Writ of Mandamus.


    Submitted:

    April 29, 1998

    (CA-97-868)
    Decided:

    May 15, 1998

    Before MURNAGHAN, NIEMEYER, and WILLIAMS, Circuit Judges.


    Petition denied by unpublished per curiam opinion.
    Johnnie Rowe, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Johnnie Rowe filed a petition for a writ of mandamus to compel
    the district court to act on his response and the motion to dismiss
    his action filed under 42 U.S.C. 1983 (1994). Defendants filed
    the motion to dismiss on October 9, 1997, to which Rowe responded
    on October 16, 1997. The motion and response are before a magistrate judge for his report and recommendation to the district
    court. We find that the delay in the district court has not been
    unreasonable. Accordingly, we deny the petition for a writ of mandamus without prejudice to Rowes right to refile if the district
    court does not act within a reasonable time. 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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