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    Queen v. Brennan, 4th Cir. (1997)

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    The United States Court of Appeals for the Fourth Circuit dismissed Nicholas Queen's petition for a writ of mandamus seeking an order to compel the district court to rule on his Rule 60(b) motion. The court granted Queen's motion to proceed in forma pauperis but dismissed the mandamus petition as moot because the district court had denied Queen's Rule 60(b) motion on October 14, 1997, rendering the mandamus request unnecessary. The court dispensed with oral argument, finding the facts and legal issues were adequately presented.

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    Queen v. Brennan, 4th Cir. (1997)

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    The United States Court of Appeals for the Fourth Circuit dismissed Nicholas Queen's petition for a writ of mandamus seeking an order to compel the district court to rule on his Rule 60(b) motion. The court granted Queen's motion to proceed in forma pauperis but dismissed the mandamus petition as moot because the district court had denied Queen's Rule 60(b) motion on October 14, 1997, rendering the mandamus request unnecessary. The court dispensed with oral argument, finding the facts and legal issues were adequately presented.

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    Filed: 1997-12-09 Precedential Status: Non-Precedential Docket: 97-632

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    The United States Court of Appeals for the Fourth Circuit dismissed Nicholas Queen's petition for a writ of mandamus seeking an order to compel the district court to rule on his Rule 60(b) motion. The court granted Queen's motion to proceed in forma pauperis but dismissed the mandamus petition as moot because the district court had denied Queen's Rule 60(b) motion on October 14, 1997, rendering the mandamus request unnecessary. The court dispensed with oral argument, finding the facts and legal issues were adequately presented.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    Download as pdf
    4 views2 pages

    Queen v. Brennan, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Nicholas Queen's petition for a writ of mandamus seeking an order to compel the district court to rule on his Rule 60(b) motion. The court granted Queen's motion to proceed in forma pauperis but dismissed the mandamus petition as moot because the district court had denied Queen's Rule 60(b) motion on October 14, 1997, rendering the mandamus request unnecessary. The court dispensed with oral argument, finding the facts and legal issues were adequately presented.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-632

    In Re: NICHOLAS J. QUEEN, SR.,


    Petitioner.

    On Petition for Writ of Mandamus. (CA-95-859)


    Submitted:

    November 20, 1997

    Decided:

    December 9, 1997

    Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.


    Petition dismissed by unpublished per curiam opinion.
    Nicholas J. Queen, Sr., Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Nicholas Queen brought this mandamus petition seeking an order
    directing the district court to rule on a Fed. R. Civ. P. 60(b)
    motion. The district court denied Queen's motion by order dated
    October 14, 1997. Queen's request for mandamus relief is therefore
    moot. Accordingly, we grant the motion for leave to proceed in
    forma pauperis but dismiss the mandamus petition. We dispense with
    oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument wold
    not significantly aid the decisional process.

    PETITION DISMISSED

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