In Re: Marvin Witherspoon, No. 12-1859 (4th Cir. 2012)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1859 In Re: MARVIN HAROLD WITHERSPOON, Petitioner. On Petition for Writ of Mandamus. (5:04-cr-00005-RLV-DCK-1; 5:07-cv-00021-RLV; 5:10-cv-00076-RLV) Submitted: November 19, 2012 Decided: November 28, 2012 Before NIEMEYER, AGEE, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Marvin Harold Witherspoon, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Marvin Harold Witherspoon petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion for relief under Fed. R. Civ. P. 60(b) and his request to supplement his motion under 28 U.S.C.A. § 2255 (West Supp. 2012). district He seeks an order from this court directing the court to act on the motions. Our review of the district court s docket reveals that the district court entered an order on August 16, 2012 that resolves the pending motions in this closed case. Accordingly, because the district court has recently addressed Witherspoon s motions, we deny the mandamus petition as moot. facts and materials legal before We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. PETITION DENIED 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.