In re: Charlette Johnson v. , 624 F. App'x 122 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-2193
In Re: CHARLETTE DUFRAY JOHNSON, a/k/a Charlotte Johnson,
Petitioner.
On Petitions for Writ of Mandamus. (7:10-cr-00093-BR-1;
7:15-cv-00063)
Submitted: December 15, 2015 Decided: December 17, 2015
Before GREGORY and FLOYD, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Charlette Dufray Johnson, Petitoner Pro Se. Seth Morgan Wood,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charlette Dufray Johnson petitions for a writ of mandamus,
alleging that the district court has unduly delayed acting on
her motion for release of grand jury transcripts or dismissal of
her convictions and sentence. She seeks an order from this
court directing the district court to grant her motion.
Our review of the district court’s docket reveals that the
district court issued an order denying Johnson’s motion on
November 6, 2015. Because the district court has recently
decided Johnson’s motion, her demand for an order directing the
district court to cease delaying its ruling is moot. Moreover,
insofar as Johnson seeks an order directing the district court
to grant her motion, such relief is not available by way of
mandamus. See In re Lockheed Martin Corp., 503 F.3d 351, 353
(4th Cir. 2007) (recognizing that mandamus may not be used as
substitute for appeal).
Accordingly, we deny the mandamus petition. We grant leave
to proceed in forma pauperis. 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