Opinion
No. 15-1783
10-22-2015
In re: DAVID HAROLD JOHNSON Petitioner.
David Harold Johnson, Petitioner Pro Se.
UNPUBLISHED On Petition for Writ of Mandamus.
(No. 5:15-hc-02130-BO)
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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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