In Re Robert W. Hart, Petitioner, 924 F.2d 1052 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 924 F.2d 1052 (4th Cir. 1991)

Submitted Jan. 7, 1991. Decided Feb. 1, 1991

On Petition for Writ of Mandamus.

Robert W. Hart, petitioner pro se.


Before DONALD RUSSELL, WIDENER and K.K. HALL, Circuit Judges.


Robert W. Hart has petitioned this Court for a writ of mandamus directing the district court to hold a formal hearing pursuant to this Court's order in West Virginia Dep't of Highways v. Hart, No. 90-2126 (4th Cir. Sept. 28, 1990) (unpublished). In that case, the district court dismissed Hart's complaint and entered sua sponte an order directing its clerk's office to reject further filings from Hart which relate to the condemnation of property located at 930 Maple Drive, Morgantown, West Virginia, upon which the former Bob's Bake Shop was located. This Court affirmed the dismissal, but vacated that portion of the order entering the prefiling injunction, and remanded for notice and an opportunity to be heard on the propriety of the injunction. The district court has adequately complied with this Court's order. Therefore, although we grant leave to proceed in forma pauperis, we deny the petition for a 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.