In Re: Dixon v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6436
In Re: THOMAS D. DIXON, JR.,
Petitioner.
On Petition for Writ of Mandamus.
(1:05-cr-00599-RDB)
Submitted: May 31, 2007 Decided: June 8, 2007
Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Thomas D. Dixon, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas D. Dixon, Jr., petitions this court for a writ of
error, mandamus, or habeas relief. He contends that the district
court did not act on a habeas petition filed in that court, and he
seeks release from imprisonment. We deny the petition.
Dixon did not appeal either his conviction or the
district court’s denial of his petition for a writ of habeas corpus
or mandamus filed in that court. The petition filed in this court
is not a substitute for appeal. See In re United Steelworkers, 595
F.2d 958, 960 (4th Cir. 1979). Moreover, contrary to Dixon’s
assertion, a review of the district court’s docket reveals that the
district court has ruled on his request for habeas relief, denying
the petition in both cases in which it was filed. See United
States v. Dixon, No. 1:05-cr-00131-RDB (D. Md. filed & entered Feb.
21, 2007); United States v. Dixon, No. 1:05-cr-00599-RDB (D. Md.
filed Feb. 20, 2007, entered Feb. 21, 2007). Thus, to the extent
Dixon seeks an order directing the district court to rule, his
petition is moot.
Accordingly, we deny the petition. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
PETITION DENIED
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