In Re: Johnson v. , 235 F. App'x 110 ( 2007 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 07-6756
    In Re:   ZANE A. JOHNSON,
    Petitioner.
    On Petition for Writ of Mandamus.
    (1:07-cv-00278-NCT)
    Submitted:   July 24, 2007                 Decided:   August 1, 2007
    Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Zane A. Johnson, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Zane A. Johnson, a North Carolina prisoner, petitions for
    a writ of mandamus.      Johnson seeks an order compelling the warden
    to fully respond to Johnson’s habeas petition on the merits.
    Mandamus relief is available only when the petitioner has a clear
    right to the relief sought and there are no other means to obtain
    the requested relief.     See In re First Fed. Sav. & Loan Assn., 
    860 F.2d 135
    , 138 (4th Cir. 1988); In re Beard, 
    811 F.2d 818
    , 826-27
    (4th Cir. 1979).    Further, mandamus is a drastic remedy and should
    only be used in extraordinary circumstances.          See Kerr v. United
    States Dist. Court, 
    426 U.S. 394
    , 402 (1976); Beard, 811 F.2d at
    826.     This court does not have jurisdiction to grant mandamus
    relief against state officials.        See Gurley v. Superior Court of
    Mecklenburg County, 
    411 F.2d 586
    , 587 (4th Cir. 1969).            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 the court and
    argument would not aid the decisional process.
    PETITION DENIED
    - 2 -
    

Document Info

Docket Number: 07-6756

Citation Numbers: 235 F. App'x 110

Judges: Duncan, Per Curiam, Traxler, Wilkinson

Filed Date: 8/1/2007

Precedential Status: Non-Precedential

Modified Date: 8/7/2023