Background
Mackie James Walker, Jr., proceeding pro se, petitioned the Fourth Circuit for a writ of mandamus. He alleged that the United States District Court for the District of South Carolina had unduly delayed acting on his motions to vacate under Section twenty-eight of the United States Code, Section two thousand two hundred fifty-five. He sought an order directing the district court to act on those motions.
The court’s reasoning
The court reviewed the district court’s docket and found that the district court had denied relief on Walker’s Section twenty-eight U.S.C. Section two thousand two hundred fifty-five motions on March thirty-first, two thousand twenty-six. Because the district court had recently denied relief on the motions, the court concluded that the mandamus petition was moot. The court dispensed with oral argument because the facts and legal contentions were adequately presented in the materials before the court.
What it means going forward
The denial of the mandamus petition leaves the district court’s denial of the Section twenty-eight U.S.C. Section two thousand two hundred fifty-five motions in place, ending the petitioner’s attempt to force immediate action through the appellate court.
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