In Re: Charlette Johnson
In Re: Charlette Johnson
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 19-2287
In re: CHARLETTE DUFRAY JOHNSON,
Petitioner.
On Petition for Writ of Mandamus. (1:19-cv-00300-DAF)
Submitted: January 21, 2020 Decided: January 23, 2020
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Charlette Dufray Johnson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Charlette Dufray Johnson petitions for a writ of mandamus seeking an order
directing the district court to grant her summary judgment on her pending habeas petition.
We conclude that Johnson is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only in extraordinary
circumstances. Kerr v. U.S. Dist. Court,
426 U.S. 394, 402(1976); United States v.
Moussaoui,
333 F.3d 509, 516-17(4th Cir. 2003). Further, mandamus relief is available
only when the petitioner has a clear right to the relief sought. In re Murphy-Brown, LLC,
907 F.3d 788, 795(4th Cir. 2018).
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 this court and
argument would not aid the decisional process.
PETITION DENIED
2
Reference
- Status
- Unpublished