In re: Joey Brunson

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 23, 2023
• Docket: 23-1985
• Status: Unpublished

Opinion

USCA4 Appeal: 23-1985 Doc: 6 Filed: 10/23/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1985

In re: JOEY LAMONT BRUNSON,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the District of South Carolina, at Columbia. (3:14-cr-00604-JFA-18)

Submitted: October 19, 2023 Decided: October 23, 2023

Before KING and WYNN, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Joey Lamont Brunson, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1985 Doc: 6 Filed: 10/23/2023 Pg: 2 of 2

PER CURIAM:

Joey Lamont Brunson petitions for a writ of mandamus, alleging that the district

court has unduly delayed acting on his 28 U.S.C. § 2255 motion. He seeks an order from

this court directing the district court to act. Our review of the district court’s docket reveals

that the district court recently granted the Government’s motion for summary judgment

and denied Brunson relief on his § 2255 motion. Accordingly, because the district court

has recently decided Brunson’s case, we deny the mandamus petition as moot. To the

extent that Brunson seeks recusal of the district court judge in this mandamus petition, we

conclude that Brunson’s conclusory assertions of bias are insufficient to warrant recusal.

See Belue v. Leventhal, 640 F.3d 567, 572-73 (4th Cir. 2011). 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