In Re: Terry Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999682460-2]; dismissing Motion for writ of mandamus (FRAP 21) filed by Petitioner Terry Donnell Johnson [999670457-2] Originating case number: 3:08-cv-00484-RJC. Copies to all parties and the district court/agency. [999794426]. Mailed to: T. Johnson. [15-2167]

Appeal: 15-2167

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Filed: 04/13/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-2167

In Re:

TERRY DONNELL JOHNSON, a/k/a Little Terry,
Petitioner.

On Petition for Writ of Mandamus.
(3:08-cv-00484-RJC)

Submitted:

March 29, 2016

Decided:

April 13, 2016

Before MOTZ, GREGORY, and DIAZ, Circuit Judges.

Petition dismissed by unpublished per curiam opinion.

Terry Donnell Johnson, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-2167

Doc: 6

Filed: 04/13/2016

Pg: 2 of 2

PER CURIAM:
Terry Johnson petitions this court for a writ of mandamus,
seeking

an

order

directing

the

district

court

to

rule

motion to reopen his 28 U.S.C. § 2255 (2012) motion.

on

a

District

court records disclose that Johnson’s motion was construed as a
separate § 2255 motion to which the court assigned a different
docket number (No. 3:15-cv-466-RJC).

In an order entered on

October

that

8,

2015,

the

court

observed

the

second

§ 2255

motion was successive and unauthorized, construed the motion as
a 28 U.S.C. § 2241 (2012) motion, and transferred the matter to
the Middle District of Florida, where Johnson is incarcerated.
Because the district court has acted on Johnson’s motion to
reopen, we deny leave to proceed in forma pauperis and dismiss
the mandamus petition as moot.

We dispense with oral argument

because the facts and legal contentions are adequately presented
in

the

materials

before

us

and

argument

would

not

aid

the

decisional process.
PETITION DISMISSED

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