In Re: Abdul Saiyed, Petitioner, 38 F.3d 1213 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 38 F.3d 1213 (4th Cir. 1994) Submitted: Aug. 25, 1994
Decided: Oct. 13, 1994

On Petition for Writ of Mandamus.

Abdul Saiyed, Petitioner Pro Se.

PETITION DENIED.

Before RUSSELL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM:


Petitioner has filed a petition for a writ of mandamus requesting this Court to direct the district court judge to act on two notices of appeal petitioner allegedly filed. Neither the district court nor this Court has a record of the notices of appeal that Petitioner alleges were filed, and Petitioner has presented no proof that such notices were filed. We find that Petitioner has not met his burden of showing that his right to relief is "clear and indisputable." Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). While we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

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