Scribd Logo
Upload

Welcome to Scribd!

  • In Re: Rutland V., 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    4 views2 pages
    The petitioner filed a writ of mandamus alleging undue delay by the district court in acting on his motion for reconsideration of the dismissal of his habeas petition. The appeals court found that mandamus relief was not yet warranted because the delay was not unreasonable. However, the court denied the mandamus petition without prejudice, allowing the petitioner to file another petition if the district court does not act expeditiously on the motion for reconsideration.

    Original Description:

    Filed: 2007-09-19 Precedential Status: Non-Precedential Docket: 07-6732

    Original Title

    In Re: Rutland v., 4th Cir. (2007)

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The petitioner filed a writ of mandamus alleging undue delay by the district court in acting on his motion for reconsideration of the dismissal of his habeas petition. The appeals court found that mandamus relief was not yet warranted because the delay was not unreasonable. However, the court denied the mandamus petition without prejudice, allowing the petitioner to file another petition if the district court does not act expeditiously on the motion for reconsideration.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    4 views2 pages

    In Re: Rutland V., 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The petitioner filed a writ of mandamus alleging undue delay by the district court in acting on his motion for reconsideration of the dismissal of his habeas petition. The appeals court found that mandamus relief was not yet warranted because the delay was not unreasonable. However, the court denied the mandamus petition without prejudice, allowing the petitioner to file another petition if the district court does not act expeditiously on the motion for reconsideration.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6732

    In Re:

    EDWARD RANDALL RUTLAND,

    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    September 13, 2007

    (9:06-cv-02030)

    Decided:

    September 19, 2007

    Before GREGORY and DUNCAN, Circuit Judges, and WILKINS, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.

    Edward Randall Rutland, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Edward Randall Rutland petitions for a writ of mandamus,
    alleging the district court has unduly delayed acting on his motion
    for reconsideration of the dismissal of his 28 U.S.C. 2254 (2000)
    habeas petition.

    He seeks an order from this court directing the

    district court to act.

    Although we find that mandamus relief is

    not warranted because the delay is not unreasonable, we deny the


    mandamus petition without prejudice to the filing of another
    mandamus petition if the district court does not act expeditiously.
    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

    - 2 -

    You might also like