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  • In Re: Sheppard V., 4th Cir. (2002)

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    The petitioner, Jerry Wayne Sheppard, filed a writ of mandamus complaining of unreasonable delay by the district court in ruling on his motion to reconsider the denial of his §2255 motion. While the appeals court found that the delay was not unreasonable, it denied the petition without prejudice, allowing Sheppard to refile if the district court does not act expeditiously on his reconsideration motion. The unpublished opinion means it does not serve as binding precedent.

    Original Description:

    Filed: 2002-05-29 Precedential Status: Non-Precedential Docket: 01-8001

    Original Title

    In Re: Sheppard v., 4th Cir. (2002)

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    The petitioner, Jerry Wayne Sheppard, filed a writ of mandamus complaining of unreasonable delay by the district court in ruling on his motion to reconsider the denial of his §2255 motion. While the appeals court found that the delay was not unreasonable, it denied the petition without prejudice, allowing Sheppard to refile if the district court does not act expeditiously on his reconsideration motion. The unpublished opinion means it does not serve as binding precedent.

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    Public Domain
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    4 views2 pages

    In Re: Sheppard V., 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The petitioner, Jerry Wayne Sheppard, filed a writ of mandamus complaining of unreasonable delay by the district court in ruling on his motion to reconsider the denial of his §2255 motion. While the appeals court found that the delay was not unreasonable, it denied the petition without prejudice, allowing Sheppard to refile if the district court does not act expeditiously on his reconsideration motion. The unpublished opinion means it does not serve as binding precedent.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-8001

    In Re: JERRY WAYNE SHEPPARD,


    Petitioner.

    On Petition for Writ of Mandamus.


    (CR-94-122-ALL)

    Submitted:

    March 28, 2002

    Decided:

    May 29, 2002

    Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.


    Jerry Wayne Sheppard, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jerry

    Wayne

    Sheppard

    has

    filed

    petition

    for

    writ

    of

    mandamus, complaining of unreasonable delay in the district court


    and asking that we compel the district court to act.

    On June 18,

    2001, Sheppard filed a motion to reconsider the denial of his


    motion under 28 U.S.C.A. 2255 (West Supp. 2001).

    Although we

    find the delay is not unreasonable, we deny the petition without


    prejudice to Sheppards right to refile if the district court does
    not act expeditiously.
    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    PETITION DENIED

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