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    In Re: Jose Humberto Diaz V., 4th Cir. (2013)

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    Jose Humberto Diaz filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C.A. § 2255 motion. The appellate court reviewed the district court docket and found that the district court had denied relief on the § 2255 motion on June 3, 2013. Therefore, the appellate court denied the mandamus petition as moot since the district court had recently decided Diaz's case. The appellate court granted leave to proceed in forma pauperis but dispensed with oral argument.

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    In Re: Jose Humberto Diaz V., 4th Cir. (2013)

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    Jose Humberto Diaz filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C.A. § 2255 motion. The appellate court reviewed the district court docket and found that the district court had denied relief on the § 2255 motion on June 3, 2013. Therefore, the appellate court denied the mandamus petition as moot since the district court had recently decided Diaz's case. The appellate court granted leave to proceed in forma pauperis but dispensed with oral argument.

    Original Description:

    Filed: 2013-07-22 Precedential Status: Non-Precedential Docket: 13-1688

    Original Title

    In re: Jose Humberto Diaz v., 4th Cir. (2013)

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    Jose Humberto Diaz filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C.A. § 2255 motion. The appellate court reviewed the district court docket and found that the district court had denied relief on the § 2255 motion on June 3, 2013. Therefore, the appellate court denied the mandamus petition as moot since the district court had recently decided Diaz's case. The appellate court granted leave to proceed in forma pauperis but dispensed with oral argument.

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    9 views2 pages

    In Re: Jose Humberto Diaz V., 4th Cir. (2013)

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    Scribd Government Docs
    Jose Humberto Diaz filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C.A. § 2255 motion. The appellate court reviewed the district court docket and found that the district court had denied relief on the § 2255 motion on June 3, 2013. Therefore, the appellate court denied the mandamus petition as moot since the district court had recently decided Diaz's case. The appellate court granted leave to proceed in forma pauperis but dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-1688

    In re: JOSE HUMBERTO DIAZ, a/k/a Humberto Diaz,


    Petitioner.

    On Petition for Writ Of Mandamus.


    (7:09-cr-00100-D-3; 7:11-cv-00043-D)

    Submitted:

    July 18, 2013

    Decided: July 22, 2013

    Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Jose Humberto Diaz, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jose Humberto Diaz petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his 28
    U.S.C.A. 2255 (West Supp. 2013) motion.

    He seeks an order

    from this court directing the district court to act.

    Our review

    of the district courts docket reveals that the district court


    denied

    relief

    Accordingly,

    on

    the

    because

    the

    2255
    district

    motion

    on

    court

    has

    June

    recently

    Diazs case, we deny the mandamus petition as moot.


    leave

    to

    proceed

    in

    forma

    pauperis.

    We

    3,

    dispense

    2013.
    decided

    We grant
    with

    oral

    argument because the facts and legal contentions are adequately


    presented in the materials before this court and argument would
    not aid the decisional process.

    PETITION DENIED

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