In re: David Hill

U.S. Court of Appeals for the Fourth Circuit

In re: David Hill

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-1936

In re: DAVID HILL,

Petitioner.

On Petition for Writ of Mandamus. (1:20-cv-00474-CMH-TCB; 1:01-cr-00191-CMH-1)

Submitted: October 19, 2021 Decided: October 21, 2021

Before GREGORY, Chief Judge, AGEE, Circuit Judge, and SHEDD, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

David Hill, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

David Hill petitions for a writ of mandamus, alleging that the district court has

unduly delayed in ruling on his

28 U.S.C. § 2241

petition. He seeks an order from this

court directing the district court to act. Upon review, we conclude that the present record

does not reveal undue delay by the district court. Specifically, the district court transferred

the subject § 2241 petition to Hill’s criminal case in March 2021, and Hill noted an appeal

of that order shortly thereafter. “The filing of a notice of appeal . . . confers jurisdiction on

the court of appeals and divests the district court of its control over those aspects of the

case involved in the appeal.” Griggs v. Provident Consumer Disc. Co.,

459 U.S. 56, 58

(1982). Accordingly, we deny the mandamus petition. We dispense with oral argument

because the facts and legal contentions are adequately presented in the materials before this

court and argument would not aid the decisional process.

PETITION DENIED

2

Reference

Status
Unpublished