In re: Joseph Johnson, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6942
In Re: JOSEPH JOHNSON, JR.,
Petitioner.
On Petition for Writ of Mandamus. (CA-97-1532)
Submitted: October 4, 2001 Decided: October 11, 2001
Before NIEMEYER, LUTTIG, and MICHAEL, 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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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).

-- 1 of 2 --

2
PER CURIAM:
Joseph Johnson, Jr., filed this mandamus petition requesting
that this court direct the district court to amend its judgment to
dismiss a civil legal malpractice action without prejudice. 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 attempts to use the
mandamus petition as a substitute for appeal. Accordingly, we deny
mandamus relief. We deny Johnson’s motion to proceed in forma pau-
peris and deny his motion to waive copy requirements as moot. 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

-- 2 of 2 --