In re: Deandre Johnson

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 24, 2023
• Docket: 23-1039
• Status: Unpublished

Opinion

USCA4 Appeal: 23-1039 Doc: 11 Filed: 02/24/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1039

In re: DEANDRE JOHNSON,

Petitioner.

On Petition for Writ of Mandamus. (2:21-cv-00511-RAJ-LRL)

Submitted: February 21, 2023 Decided: February 24, 2023

Before NIEMEYER and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Deandre Johnson, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1039 Doc: 11 Filed: 02/24/2023 Pg: 2 of 2

PER CURIAM:

Deandre Johnson petitions for a writ of mandamus, seeking an order directing the

district court to grant relief on his pending 28 U.S.C. § 2254 petition. We conclude that

Johnson is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary

circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380 (2004); In re Murphy-Brown,

LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only when

the petitioner “has no other adequate means to attain the relief [he] desires” and

demonstrates “a clear and indisputable right” to that relief. Murphy-Brown, 907 F.3d at

795 (alteration and internal quotation marks omitted).

The relief sought by Johnson is not available by way of mandamus. Accordingly,

we deny the petition for writ of mandamus. 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