UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7408
In Re: JOSEPH JOHNSON, JR.,
Petitioner.
On Petition for Writ of Mandamus. (CR-93-209-M)
Submitted: December 20, 2001 Decided: January 2, 2002
Before LUTTIG, TRAXLER, and GREGORY, 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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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).
PER CURIAM:
Joseph Johnson, Jr., has filed a petition for a writ of man-
damus seeking to have this court direct the district court to act
on a motion he alleges he filed on June 19, 2001, in a criminal
case to expunge the record. Our review of the district court’s
docket sheet reveals that Johnson filed a motion to expunge the
record in January 2001, and that the district court has ruled on
the motion. There is no record of an identical motion filed in
June 2001, as Johnson alleges. Further, this is the second peti-
tion for a writ of mandamus that Johnson has filed regarding a
motion to expunge the record. Where there is another available
remedy, mandamus relief is not available. 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 mandamus relief. We grant
Johnson’s motion to proceed on appeal in forma pauperis. We dis-
pense 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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