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

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    Keslet Etienne filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2241 motion. The appeals court reviewed the docket sheet and found that the district court had dismissed Etienne's motion without prejudice on September 5, 2003, rendering the mandamus petition moot. The appeals court therefore denied the petition as the district court had recently decided the case.

    Original Description:

    Filed: 2003-10-21 Precedential Status: Non-Precedential Docket: 03-7365

    Original Title

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

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    Keslet Etienne filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2241 motion. The appeals court reviewed the docket sheet and found that the district court had dismissed Etienne's motion without prejudice on September 5, 2003, rendering the mandamus petition moot. The appeals court therefore denied the petition as the district court had recently decided the case.

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    8 views2 pages

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

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    Scribd Government Docs
    Keslet Etienne filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2241 motion. The appeals court reviewed the docket sheet and found that the district court had dismissed Etienne's motion without prejudice on September 5, 2003, rendering the mandamus petition moot. The appeals court therefore denied the petition as the district court had recently decided the case.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7365

    In Re:

    KESLET ETIENNE, a/k/a Jose Phillipe,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    October 9, 2003

    (CA-02-482-BO-5)

    Decided:

    October 21, 2003

    Before LUTTIG, KING, and DUNCAN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Keslet Etienne, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Keslet Etienne petitions for a writ of mandamus, alleging the
    district court has unduly delayed acting on his 28 U.S.C.

    2241

    (2000) motion filed in July 2002. He seeks an order from this court
    directing the district court to act. Our review of the docket sheet
    reveals that the district court dismissed Etiennes motion without
    prejudice on September 5, 2003.

    Accordingly, although we grant

    leave to proceed in forma pauperis, we deny Etiennes mandamus


    petition as moot because the district court has recently decided
    Etiennes case.

    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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