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  • In Re: Gamble, 4th Cir. (2010)

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    Eddie Gamble filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his motion under 28 U.S.C.A. § 2255. The court of appeals reviewed the district court docket and found that the district court had denied Gamble's § 2255 motion on May 6, 2010. Therefore, because the district court had recently decided Gamble's case, the court of appeals denied the mandamus petition as moot.

    Original Description:

    Filed: 2010-10-20 Precedential Status: Non-Precedential Docket: 10-1495

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    Eddie Gamble filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his motion under 28 U.S.C.A. § 2255. The court of appeals reviewed the district court docket and found that the district court had denied Gamble's § 2255 motion on May 6, 2010. Therefore, because the district court had recently decided Gamble's case, the court of appeals denied the mandamus petition as moot.

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    In Re: Gamble, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    Eddie Gamble filed a petition for a writ of mandamus alleging undue delay by the district court in ruling on his motion under 28 U.S.C.A. § 2255. The court of appeals reviewed the district court docket and found that the district court had denied Gamble's § 2255 motion on May 6, 2010. Therefore, because the district court had recently decided Gamble's case, the court of appeals denied the mandamus petition as moot.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-1495

    In Re:

    EDDIE GAMBLE,
    Petitioner.

    On Petition for Writ of Mandamus.


    (1:88-cr-00031-NCT-1; 1:06cr-00192-NCT-1; 1:08-cv-00926-NCT-WWD)

    Submitted:

    October 14, 2010

    Decided:

    October 20, 2010

    Before MOTZ, KING, and DAVIS, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Eddie Gamble, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Eddie

    Gamble

    petitions

    for

    writ

    of

    mandamus,

    alleging the district court has unduly delayed acting on his


    motion filed pursuant to 28 U.S.C.A. 2255 (West Supp. 2010).
    He seeks an order from this court directing the district court
    to act.
    the

    Our review of the district courts docket reveals that

    district

    Accordingly,

    court
    because

    denied
    the

    the

    district

    motion
    court

    on
    has

    May

    recently

    Gambles case, we deny the mandamus petition as moot.


    leave

    to

    proceed

    in

    forma

    pauperis.

    We

    6,

    dispense

    2010.
    decided

    We grant
    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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