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  • In Re: Michael Hoy V., 4th Cir. (2014)

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    Michael Anthony Hoy filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The appeals court reviewed the district court docket and found that the district court had recently adopted the magistrate's recommendation and denied Hoy's motion on November 26, 2014. Therefore, the appeals court denied the mandamus petition as moot since the district court had now ruled on the case.

    Original Description:

    Filed: 2014-12-22 Precedential Status: Non-Precedential Docket: 14-1935

    Original Title

    In Re: Michael Hoy v., 4th Cir. (2014)

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    Michael Anthony Hoy filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The appeals court reviewed the district court docket and found that the district court had recently adopted the magistrate's recommendation and denied Hoy's motion on November 26, 2014. Therefore, the appeals court denied the mandamus petition as moot since the district court had now ruled on the case.

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    6 views2 pages

    In Re: Michael Hoy V., 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    Michael Anthony Hoy filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his 28 U.S.C. § 2255 motion. The appeals court reviewed the district court docket and found that the district court had recently adopted the magistrate's recommendation and denied Hoy's motion on November 26, 2014. Therefore, the appeals court denied the mandamus petition as moot since the district court had now ruled on the case.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-1935

    In re:

    MICHAEL ANTHONY HOY, a/k/a Chi-Town,


    Petitioner.

    On Petition for Writ of Mandamus


    (No. 1:11-cr-00253-TDS-8)

    Submitted:

    December 11, 2014

    Decided:

    December 22, 2014

    Before MOTZ, WYNN, and THACKER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Michael Anthony Hoy, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Michael Anthony Hoy petitions for a writ of mandamus,
    alleging that the district court has unduly delayed in ruling on
    his 28 U.S.C. 2255 (2012) 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 adopted


    the magistrate judges recommendation and denied Hoys motion on
    November 26, 2014.

    Accordingly, because the district court has

    recently decided Hoys case, we deny the mandamus petition as


    moot.

    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

    this

    court

    and

    argument would not aid the decisional process.

    PETITION DENIED

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