In Re: Daniel Willi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to amend/correct [999980705-2]; denying Motion for writ of mandamus (FRAP 21) [999979035-2], denying Motion for writ of mandamus (FRAP 21) [999973721-2] Originating case number: 7:95-mc-00017-F Copies to all parties and the district court. [1000043437]. Mailed to: Daniel Willis. [16-2338]

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Appeal: 16-2338 Doc: 9 Filed: 03/16/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2338 In re: DANIEL JOHNSON WILLIS, Petitioner. On Petition for Writ of Mandamus. Submitted: March 14, 2017 Before FLOYD and Circuit Judge. HARRIS, Decided: Circuit Judges, and March 16, 2017 DAVIS, Senior Petition denied by unpublished per curiam opinion. Daniel Johnson Willis, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-2338 Doc: 9 Filed: 03/16/2017 Pg: 2 of 3 PER CURIAM: Daniel Johnson Willis petitions for a writ of mandamus seeking an order directing the district court to rule on all of Willis’s actions filed between 2013 and 2016. We note that this court and the district court have prefiling injunctions in place related to civil actions filed by Petitioner Willis. We conclude that Willis is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Willis has not demonstrated that the district court has abused its discretion in denying leave to file Willis’s actions. Further, Willis has routinely appealed these determinations by the district court. for appeal. Mandamus may not be used as a substitute In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Willis is not available by way of mandamus. Accordingly, although we grant Willis’s motion for leave amend to his petition, we deny the supplemental petition for writ of mandamus. oral argument because the facts 2 and legal petition and We dispense with contentions are Appeal: 16-2338 Doc: 9 adequately Filed: 03/16/2017 presented in the Pg: 3 of 3 materials before this court and argument would not aid the decisional process. PETITION DENIED 3

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