In re: Damon Elliott

16-1250Court of Appeals for the Fourth CircuitApr 22, 2016

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1250
In re: DAMON ELLIOTT,
Petitioner.
On Petition for Writ of Mandamus.
(1:14-cv-00209-LO-JFA)
Submitted: April 19, 2016 Decided: April 22, 2016
Before AGEE, DIAZ, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Damon Emanuel Elliott, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Damon Elliott petitions this court for a writ of mandamus,
alleging that the district court has unduly delayed acting on this
court’s order remanding his case to the district court to determine
whether his notice of appeal should be construed as a motion to
reopen the appeal period, and if so, whether reopening is merited.
Elliott seeks an order from this court directing the district court
to act. Our review of the district court’s docket reveals that,
on March 15, 2016, the district court entered an order granting
Elliott’s motion to reopen the appeal period. Accordingly, 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

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