In re: David Johnson v. ( 2015 )

UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Harold Johnson petitions for a writ of mandamus,
directing the district court to immediately vacate Johnson’s
state court convictions. Such relief is not available by way of
mandamus. 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 to proceed in forma
pauperis and deny the mandamus petition. 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
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