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    In Re: Williams V., 4th Cir. (2001)

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    The petitioner, Stanley Lorenzo Williams, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his pending 28 U.S.C.A. § 2254 petition. The Fourth Circuit Court of Appeals denied the petition for a writ of mandamus, finding that there had been recent significant action in the district court including referral of a motion for summary judgment to a magistrate judge, so there was no undue delay and Williams was not entitled to the relief sought. The court denied mandamus relief and dispensed with oral argument.

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    In Re: Williams V., 4th Cir. (2001)

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    The petitioner, Stanley Lorenzo Williams, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his pending 28 U.S.C.A. § 2254 petition. The Fourth Circuit Court of Appeals denied the petition for a writ of mandamus, finding that there had been recent significant action in the district court including referral of a motion for summary judgment to a magistrate judge, so there was no undue delay and Williams was not entitled to the relief sought. The court denied mandamus relief and dispensed with oral argument.

    Original Description:

    Filed: 2001-01-25 Precedential Status: Non-Precedential Docket: 00-7650

    Original Title

    In Re: Williams v., 4th Cir. (2001)

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    The petitioner, Stanley Lorenzo Williams, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his pending 28 U.S.C.A. § 2254 petition. The Fourth Circuit Court of Appeals denied the petition for a writ of mandamus, finding that there had been recent significant action in the district court including referral of a motion for summary judgment to a magistrate judge, so there was no undue delay and Williams was not entitled to the relief sought. The court denied mandamus relief and dispensed with oral argument.

    Copyright:

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    8 views2 pages

    In Re: Williams V., 4th Cir. (2001)

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    Scribd Government Docs
    The petitioner, Stanley Lorenzo Williams, filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his pending 28 U.S.C.A. § 2254 petition. The Fourth Circuit Court of Appeals denied the petition for a writ of mandamus, finding that there had been recent significant action in the district court including referral of a motion for summary judgment to a magistrate judge, so there was no undue delay and Williams was not entitled to the relief sought. The court denied mandamus relief and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-7650

    In Re: STANLEY LORENZO WILLIAMS,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    January 18, 2001

    (CA-00-326)

    Decided:

    January 25, 2001

    Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.


    Stanley Lorenzo Williams, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Stanley Lorenzo Williams petitions for a writ of mandamus alleging undue delay by the district court in ruling on his pending
    28 U.S.C.A. 2254 (West 1994 & Supp. 2000) petition.

    A writ of

    mandamus is a drastic remedy and should be granted only in those


    extraordinary situations when no other remedy is available. See In
    re Beard, 811 F.2d 818, 826 (4th Cir. 1987).

    Because there has

    been recent significant action in the district court, including the


    referral to the magistrate judge of a motion for summary judgment,
    we find that there has been no undue delay, and Williams is not
    entitled to the relief he seeks.

    Accordingly, although we grant

    Williams motion for leave to proceed in forma pauperis, we deny


    mandamus relief.

    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

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