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  • In Re: Luci V., 4th Cir. (2007)

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    The petitioner, Stephen Luci, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 petition. The court of appeals reviewed the docket sheet and found that the district court had recently directed the respondent to file an answer to the petition. As such, the court determined there had been recent significant action and no undue delay, so it denied the petition for a writ of mandamus.

    Original Description:

    Filed: 2007-09-11 Precedential Status: Non-Precedential Docket: 07-7153

    Original Title

    In re: Luci v., 4th Cir. (2007)

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    The petitioner, Stephen Luci, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 petition. The court of appeals reviewed the docket sheet and found that the district court had recently directed the respondent to file an answer to the petition. As such, the court determined there had been recent significant action and no undue delay, so it denied the petition for a writ of mandamus.

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    10 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The petitioner, Stephen Luci, filed a petition for a writ of mandamus alleging undue delay by the district court in acting on his 28 U.S.C. § 2254 petition. The court of appeals reviewed the docket sheet and found that the district court had recently directed the respondent to file an answer to the petition. As such, the court determined there had been recent significant action and no undue delay, so it denied the petition for a writ of mandamus.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7153

    In Re: STEPHEN LUCI,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted: August 30, 2007

    (3:07-cv-00011-REM)

    Decided:

    September 11, 2007

    Before MICHAEL, KING, and SHEDD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Stephen Luci, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Stephen Luci petitions for a writ of mandamus, alleging
    the district court has unduly delayed acting on his 28 U.S.C.
    2254 (2000) petition.

    He seeks an order from this court

    directing the district court to act.

    Our review of the docket

    sheet reveals that on August 8, 2007, the district court directed


    the Respondent to file an answer to the petition.

    Because there

    has been recent significant action in Lucis case, we conclude


    there has been no undue delay.

    Accordingly, although we grant

    leave to proceed in forma pauperis, we deny the petition.

    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 -

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