In re: Joseph Johnson, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6381
In Re: JOSEPH JOHNSON, JR.,
Petitioner.
On Petition for Writ of Mandamus. (CR-93-209-M)
Submitted: May 31, 2001 Decided: June 11, 2001
Before WILKINS, TRAXLER, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Joseph Johnson, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Joseph Johnson filed this mandamus petition challenging the
district court’s denial of his motion for expungement of a criminal
record relating to a criminal complaint, which alleged that Johnson
made a false statement to the Department of the Interior. Where
there is another available remedy, mandamus relief is not avail-
able. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus
relief is not a substitute for appeal. In re United Steelworkers,
595 F.2d 958, 960 (4th Cir. 1979). Johnson could have challenged
the denial of his motion by filing an appeal. Accordingly, we deny
Johnson’s motion to proceed in forma pauperis and his petition for
mandamus relief. 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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