In re: Raymond Marshall ( 2018 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 18-1785
    In re: RAYMOND C. MARSHALL,
    Petitioner.
    On Petition for Writ of Mandamus. (1:18-cv-00506-NCT-JEP)
    Submitted: October 26, 2018                                  Decided: November 5, 2018
    Before WILKINSON, KING, and THACKER, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Raymond C. Marshall, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Raymond C. Marshall petitions for a writ of mandamus, alleging that the District
    Court for the Eastern District of North Carolina has unduly delayed in transferring his
    28 U.S.C. § 2254 (2012) petition to the Middle District of North Carolina. He seeks an
    order from this court directing the District Court for the Eastern District of North
    Carolina to act. Our review of both courts’ dockets reveals that the transfer of Marshall’s
    § 2254 petition was completed on June 15, 2018, and that the Middle District
    subsequently dismissed his petition without prejudice. Accordingly, although we grant
    leave to proceed in forma pauperis, we deny the mandamus petition as moot.             We
    dispense with oral argument because the facts and legal contentions are adequately
    presented in the materials before this court and argument would not aid the decisional
    process.
    PETITION DENIED
    2
    

Document Info

Docket Number: 18-1785

Filed Date: 11/5/2018

Precedential Status: Non-Precedential

Modified Date: 4/18/2021