UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1247
In re: STEVEN-GLENN:JOHNSON,
Petitioner.
On Petition for Writ of Mandamus. (4:10-cv-00151-BR)
Submitted: May 19, 2011 Decided: May 23, 2011
Before TRAXLER, Chief Judge, and AGEE and KEENAN, Circuit
Judges.
Petition denied by unpublished per curiam opinion.
Steven-Glenn:Johnson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Steven-Glenn:Johnson (“Johnson”) has filed a petition
for a writ of mandamus in which he requests that this court
order the district court to calendar a hearing on his request
for a preliminary injunction and rule on that request. He
further seeks an order directing the district court to order the
United States Marshal’s Service to serve Defendants in Johnson’s
civil action with both a copy of the complaint he filed in the
district court and a notice of the hearing on his request for a
preliminary injunction.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
Dist. Court, 426 U.S. 394, 402 (1976); United States v.
Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Johnson
carries the heavy burden of establishing that he has no other
adequate means to attain the relief sought and that his
entitlement to such relief is clear and indisputable. In re
First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988).
Mandamus may not be used as a substitute for appeal. In re
Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
We deny Johnson’s mandamus petition insofar as it
relates to his request that the district court calendar a
hearing on his request for a preliminary injunction and order
the Marshal’s Service to serve Defendants in Johnson’s action
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with a copy of his complaint and a notice of the hearing. This
relief is not available by way of mandamus.
We deny Johnson’s mandamus petition as moot insofar as
it relates to his request that the district court rule on his
request for a preliminary injunction. The district court has
denied Johnson’s motion seeking a preliminary injunction.
Glenn:Johnson v. Thomas, No. 4:10-cv-00151-BR (E.D.N.C. April 8,
2011).
Accordingly, although we grant leave to proceed in
forma pauperis, 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
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