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November 25, 2009

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Seeking advice here--I don't normally practice habeas law, but am handling one case. Client was pro se at magistrate's level and received recommendation to deny. I entered, drafted and filed Objections, etc. Issue revolves around Foucha v. Louisiana. Case is on a 24 month track for disposition. The 24 months were up several months ago. I've scoured the federal and local rules, caselaw, etc., and found no help: the judge hasn't ruled and has virtually ignored two motions I've filed to try to get him to rule. The judge is semi-retired. I am now considering filing a petition for a writ of mandamus to try to compel him to rule. Any thoughts, advice, suggestions, etc. would be gratefully received.

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