In re: Julius Nesbitt

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999760705-2], denying Motion for writ of mandamus (FRAP 21) [999769205-2]; granting Motion to proceed in forma pauperis (FRAP 24) [999760710-2] Originating case number: 2:08-cr-01153-DCN-1,2:14-cv-04503-DCN Copies to all parties and the district court/agency. [999914295]. Mailed to: Julius Nesbitt. [16-1190]

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Appeal: 16-1190 Doc: 9 Filed: 08/22/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1190 In Re: JULIUS NESBITT, Petitioner. On Petition for Writ of Mandamus. (2:08-cr-01153-DCN-1; 2:14-cv-04503-DCN) Submitted: August 1, 2016 Decided: August 22, 2016 Before AGEE, DIAZ, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Julius Nesbitt, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-1190 Doc: 9 Filed: 08/22/2016 Pg: 2 of 2 PER CURIAM: Julius Nesbitt petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his 28 U.S.C. § 2255 (2012) motion. He seeks an order from this court directing the district court to act. Our review of the district court’s docket reveals that the district court recently took significant action on Nesbitt’s 28 U.S.C. § 2255 (2012) motion. Accordingly, we grant leave to proceed in forma pauperis and deny the mandamus petition. 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

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