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  • In Re: Gallo V., 4th Cir. (2003)

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    The United States Court of Appeals for the Fourth Circuit dismissed Peter Andrew Gallo's petition for a writ of mandamus. Gallo had alleged that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion. However, the Court of Appeals noted that the district court had entered an order on December 11, 2002 denying relief on Gallo's § 2255 motion. Therefore, because the district court had recently decided Gallo's case, his mandamus petition was dismissed as moot.

    Original Description:

    Filed: 2003-01-08 Precedential Status: Non-Precedential Docket: 02-6975

    Original Title

    In Re: Gallo v., 4th Cir. (2003)

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    The United States Court of Appeals for the Fourth Circuit dismissed Peter Andrew Gallo's petition for a writ of mandamus. Gallo had alleged that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion. However, the Court of Appeals noted that the district court had entered an order on December 11, 2002 denying relief on Gallo's § 2255 motion. Therefore, because the district court had recently decided Gallo's case, his mandamus petition was dismissed as moot.

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    5 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Peter Andrew Gallo's petition for a writ of mandamus. Gallo had alleged that the district court unduly delayed acting on his 28 U.S.C. § 2255 motion. However, the Court of Appeals noted that the district court had entered an order on December 11, 2002 denying relief on Gallo's § 2255 motion. Therefore, because the district court had recently decided Gallo's case, his mandamus petition was dismissed as moot.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6975

    In Re:

    PETER ANDREW GALLO,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    December 13, 2002

    (CA-99-40-ALL)

    Decided:

    January 8, 2003

    Before WILKINS, NIEMEYER, and WILLIAMS, Circuit Judges.

    Petition dismissed by unpublished per curiam opinion.

    Peter Andrew Gallo, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Peter Andrew Gallo petitions for a writ of mandamus, alleging
    the district court has unduly delayed acting on his 28 U.S.C.
    2255 (2000) motion.

    He seeks an order from this court directing

    the district court to act.

    The district court entered an order

    denying relief on Gallos 2255 motion on December 11, 2002.


    Accordingly,

    because

    the

    district

    court

    has

    recently

    Gallos case, we dismiss the mandamus petition as moot.

    decided
    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 DISMISSED

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