UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1729
In re: DEANDRE JOHNSON,
Petitioner.
On Petition for Writ of Mandamus. (2:20-cv-00474-RAJ-LRL)
Submitted: September 9, 2021 Decided: September 13, 2021
Before MOTZ, KING, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Deandre Johnson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Deandre Johnson petitions for a writ of mandamus, alleging that the district court
has unduly delayed in ruling on his 28 U.S.C. § 2254 petition. He seeks an order from this
court directing the district court to grant his unconditional release and bar his retrial in state
court.
Mandamus relief is a drastic remedy and should be used only in extraordinary
circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380 (2004); In re Murphy-Brown,
LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only when
the petitioner has a clear right to the relief sought. Murphy-Brown, 907 F.3d at 795.
The relief sought by Johnson is not available by way of mandamus. The present
record does not reveal undue delay by the district court. Moreover, insofar as Johnson
seeks an order directing the district court to grant habeas relief, Johnson has not
demonstrated a clear right to such relief. Accordingly, we deny the mandamus petition.
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
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