Joseph Johnston v. Kristian Allen

Filing 920090630

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6243

JOSEPH M. JOHNSTON, Petitioner ­ Appellant, v. KRISTIAN N. ALLEN, District Attorney, Respondent - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Wallace W. Dixon, Magistrate Judge. (1:09-cv-00046-UA-WWD)

Submitted:

June 22, 2009

Decided:

June 30, 2009

Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Joseph M. Johnston, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Joseph M. Johnston appeals the district court's order denying his petition for writ of mandamus. record and find no reversible error. We have reviewed the

Accordingly, we deny leave

to proceed in forma pauperis and dismiss the appeal for the reasons stated by the district court. Johnston v. Allen, No. We dispense with contentions the court are and

1:09-cv-00046-UA-WWD (M.D.N.C. Jan. 22, 2009). oral argument because in the the facts and legal before

adequately

presented

materials

argument would not aid the decisional process. DISMISSED

2