Cole v. Zavaris

Filing 66

ORDER denying Mr. Cole's petition for writ of mandamus, by Clerk, U.S. Court of Appeals on 3/25/09. (gmssl, )

Case: 09-1097

Document: 01017927622

FILED Date Filed: 03/25/2009 Court 1 Appeals U n i t e d States Page: of T e n t h Circuit

U N I T E D STATES COURT OF APPEALS M a r c h 25, 2009 F O R THE TENTH CIRCUIT
E l i s a b e t h A. Shumaker C l e r k of Court

I n re: WADE COLE, Petitioner.

N o . 09-1097 ( D . C . No. 07-CV-1197-WDM-KMT) ( D . Colo.)

ORDER B e f o r e BRISCOE, MURPHY, and McCONNELL, Circuit Judges. W a d e Cole, a Colorado prisoner proceeding pro se, seeks a writ of ma n d a mu s ordering the district court to hear and decide his pending habeas a p p l i c a t i o n . The application was filed on June 7, 2007, and the case was at issue a s of October 29, 2007. Since that time, however, Mr. Cole has filed a number of mo t i o n s , to which the district court has devoted time and attention. Most r e c e n t l y , on March 19, 2009, the district court ordered the state court to produce t h e record of Mr. Cole's criminal case. Accordingly, this case is progressing in t h e district court and mandamus relief is not warranted at this time. M r . Cole's motion to proceed in forma pauperis is GRANTED. The p e t i t i o n for a writ of mandamus is DENIED. E n t e r e d for the Court,

E L I S A B E T H A. SHUMAKER, Clerk