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947 F.2d 941

Docket No. 91-8029.

In Re Samuel B. Kyle

Fourth Circuit Court of Appeals

Submitted June 19, 1991. Decided Nov. 8, 1991.

This page is marked noindex.

Fourth Circuit Court of Appeals · decided 1991-11-08

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

Relies on Ogden Allied Services Corporation v. Town of North East, Maryland

Opinion by Per Curiam · Decided 1991-11-08

On Petition for Writ of Mandamus.

Samuel B. Kyle, petitioner pro se.

PETITION DENIED.

OPINION

PER CURIAM:

¶1

Samuel B. Kyle brought this mandamus petition seeking an order directing the district court to decide his 28 U.S.C. § 2255 motion in

¶2

Before DONALD RUSSELL, SPROUSE and WILKINS, Circuit Judges.

¶3

his favor immediately. Mandamus is not a substitute for the orderly resolution of cases in the federal courts. Moreoever, we find that the district court has not unduly delayed acting on Kyle's motion. Accordingly, although we grant permission to proceed in forma pauperis in this Court, 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 significantly aid the decisional process.

¶4

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NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

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