UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-2167
In Re: TERRY DONNELL JOHNSON, a/k/a Little Terry,
Petitioner.
On Petition for Writ of Mandamus.
(3:08-cv-00484-RJC)
Submitted: March 29, 2016 Decided: April 13, 2016
Before MOTZ, GREGORY, and DIAZ, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Terry Donnell Johnson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Terry Johnson petitions this court for a writ of mandamus,
seeking an order directing the district court to rule on a
motion to reopen his 28 U.S.C. § 2255 (2012) motion. District
court records disclose that Johnson’s motion was construed as a
separate § 2255 motion to which the court assigned a different
docket number (No. 3:15-cv-466-RJC). In an order entered on
October 8, 2015, the court observed that the second § 2255
motion was successive and unauthorized, construed the motion as
a 28 U.S.C. § 2241 (2012) motion, and transferred the matter to
the Middle District of Florida, where Johnson is incarcerated.
Because the district court has acted on Johnson’s motion to
reopen, we deny leave to proceed in forma pauperis and dismiss
the mandamus petition as moot. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before us and argument would not aid the
decisional process.
PETITION DISMISSED
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