Public-domain · open source
OpenJurist

946 F.2d 886

Docket No. 91-8066.

In Re Gary M. Silvers

Fourth Circuit Court of Appeals

Submitted Sept. 30, 1991. Decided Oct. 17, 1991.

This page is marked noindex.

Fourth Circuit Court of Appeals · decided 1991-10-17

Cited by 36 later decisions (1 by the Supreme Court) — most recently November 1993 · most notably Medical Supplies and Service Incorporated v. Pleasant Valley Hospital Incorporated (1992), Michael Sindram v. James L. Ryan Robert F. Sweeney (1991)

32 federal appellate ·

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1991-10-17

View the full empirical analysis of this case →

On Petition for Writ of Mandamus.

Gary M. Silvers, petitioner pro se.

PETITION DENIED.

Before K.K. HALL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PER CURIAM:

¶1

Gary Silvers, a federal prisoner, filed a 28 U.S.C. § 2255 motion in the district court in late June 1991. The district court has not yet taken any action on the motion. He filed this mandamus petition seeking an order directing the district court to act expeditiously or, in the alternative, to have the motion transferred to another judge. Because the motion has been pending for only a short time, we find that there has been no undue delay. Consequently, we decline to intervene in the district court proceedings. 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 significantly aid the decisional process.

¶2

PETITION DENIED.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

/946/f2d/886 · .json · Public domain