In re: David Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999628388-2]; denying Motion for writ of mandamus (FRAP 21) [999621130-2]. Originating case number: 5:15-hc-02130-BO. Copies to all parties and the district court/agency. [999683801]. Mailed to: David Johnson. [15-1783]

Appeal: 15-1783

Doc: 6

Filed: 10/22/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1783

In re:

DAVID HAROLD JOHNSON
Petitioner.

On Petition for Writ of Mandamus.
(No. 5:15-hc-02130-BO)

Submitted:

October 20, 2015

Decided:

October 22, 2015

Before MOTZ, KEENAN, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

David Harold Johnson, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-1783

Doc: 6

Filed: 10/22/2015

Pg: 2 of 2

PER CURIAM:
David
directing

Harold
the

Johnson

district

state court convictions.
mandamus.

petitions

court

to

for

a

writ

immediately

of

mandamus,

vacate

Johnson’s

Such relief is not available by way of

See In re First Sav. & Loan Ass’n, 860 F.2d 135, 138

(4th Cir. 1988) (holding mandamus petitioner must have clear
right to relief sought); In re Lockheed Martin Corp., 503 F.3d
351, 353 (4th Cir. 2007) (holding mandamus is not substitute for
appeal).

Accordingly,

we

grant

leave

pauperis and deny the mandamus petition.

to

proceed

in

forma

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