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In re Johnson

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 13, 2016
No. 15-2167 (4th Cir. Apr. 13, 2016)

Opinion

No. 15-2167

04-13-2016

In Re: TERRY DONNELL JOHNSON, a/k/a Little Terry, Petitioner.

Terry Donnell Johnson, Petitioner Pro Se.


UNPUBLISHED On Petition for Writ of Mandamus.
(3:08-cv-00484-RJC) Before MOTZ, GREGORY, and DIAZ, Circuit Judges. Petition dismissed by unpublished per curiam opinion. Terry Donnell Johnson, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Terry Johnson petitions this court for a writ of mandamus, seeking an order directing the district court to rule on a motion to reopen his 28 U.S.C. § 2255 (2012) motion. District court records disclose that Johnson's motion was construed as a separate § 2255 motion to which the court assigned a different docket number (No. 3:15-cv-466-RJC). In an order entered on October 8, 2015, the court observed that the second § 2255 motion was successive and unauthorized, construed the motion as a 28 U.S.C. § 2241 (2012) motion, and transferred the matter to the Middle District of Florida, where Johnson is incarcerated.

Because the district court has acted on Johnson's motion to reopen, we deny leave to proceed in forma pauperis and dismiss the mandamus petition as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before us and argument would not aid the decisional process.

PETITION DISMISSED


Summaries of

In re Johnson

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 13, 2016
No. 15-2167 (4th Cir. Apr. 13, 2016)
Case details for

In re Johnson

Case Details

Full title:In Re: TERRY DONNELL JOHNSON, a/k/a Little Terry, Petitioner.

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Apr 13, 2016

Citations

No. 15-2167 (4th Cir. Apr. 13, 2016)