In re Whitaker
Docket: No. 09-1644
Court: Court of Appeals for the Fourth Circuit; November 15, 2009; Federal Appellate Court
Terrence Maurice Whitaker's petition for a writ of mandamus has been denied. He argued that the district court delayed in addressing his 28 U.S.C. § 2254 habeas corpus petition. However, the court's review of the district court’s records indicated that a final order and judgment were issued on September 30, 2009, which granted summary judgment in favor of the respondent, dismissed Whitaker's petition, and denied a certificate of appealability. As the district court has already resolved Whitaker's case, the mandamus petition is considered moot. The court has granted Whitaker leave to proceed in forma pauperis and has decided not to hold oral arguments, stating that the existing materials sufficiently present the facts and legal issues. The petition is denied.