In re: Charlette Dufray Johnson

19-2287United States Court Of Appeals For The 4th Circuit23 gen 2020

Testo completo

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 19-2287

In re: CHARLETTE DUFRAY JOHNSON,

Petitioner.

On Petition for Writ of Mandamus.
(1:19-cv-00300-DAF)

Submitted: January 21, 2020 Decided: January 23, 2020

Before WILKINSON, KEENAN, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Charlette Dufray Johnson, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

Charlette Dufray Johnson petitions for a writ of mandamus seeking an order
directing the district court to grant her summary judgment on her pending habeas 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. Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976); United States v.
Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further, mandamus relief is available
only when the petitioner has a clear right to the relief sought. In re Murphy-Brown, LLC,
907 F.3d 788, 795 (4th Cir. 2018).
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

Continua la tua ricerca in ChatGPT o Claude

Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.