In Re: Michael Gorbey


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999973837-2]; denying Motion for writ of mandamus (FRAP 21) [999973832-2] Originating case number: 7:16-cv-00372-NKM-RSB. Copies to all parties and the district court/agency. [1000054384]. Mailed to: M. Gorbey. [16-2253]

Download PDF
Appeal: 16-2253 Doc: 9 Filed: 04/03/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2253 In re: MICHAEL S. GORBEY, a/k/a Michael S. Owlfeather-Gorbey, Petitioner. On Petition for Writ of Mandamus. (7:16-cv-00372-NKM-RSB) Submitted: March 30, 2017 Decided: April 3, 2017 Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Michael S. Gorbey, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-2253 Doc: 9 Filed: 04/03/2017 Pg: 2 of 2 PER CURIAM: Michael S. Gorbey petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his 28 U.S.C. § 2241 (2012) petition. 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 entered an order on October 28, 2016, dismissing without prejudice Gorbey’s § 2241 petition. Accordingly, because the district court has recently decided Gorbey’s case, we deny the mandamus petition as moot. We grant leave to proceed in forma pauperis. 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?