Filed: Mar. 16, 2017
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2338 In re: DANIEL JOHNSON WILLIS, Petitioner. On Petition for Writ of Mandamus. Submitted: March 14, 2017 Decided: March 16, 2017 Before FLOYD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Daniel Johnson Willis, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Daniel Johnson Willis petitions for a writ of mandam
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2338 In re: DANIEL JOHNSON WILLIS, Petitioner. On Petition for Writ of Mandamus. Submitted: March 14, 2017 Decided: March 16, 2017 Before FLOYD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Daniel Johnson Willis, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Daniel Johnson Willis petitions for a writ of mandamu..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-2338
In re: DANIEL JOHNSON WILLIS,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: March 14, 2017 Decided: March 16, 2017
Before FLOYD and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Daniel Johnson Willis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daniel Johnson Willis petitions for a writ of mandamus
seeking an order directing the district court to rule on all of
Willis’s actions filed between 2013 and 2016. We note that this
court and the district court have prefiling injunctions in place
related to civil actions filed by Petitioner Willis. We
conclude that Willis 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 First Fed. Sav. & Loan Ass’n,
860 F.2d 135, 138 (4th Cir.
1988). Willis has not demonstrated that the district court has
abused its discretion in denying leave to file Willis’s actions.
Further, Willis has routinely appealed these determinations by
the district court. Mandamus may not be used as a substitute
for appeal. In re Lockheed Martin Corp.,
503 F.3d 351, 353 (4th
Cir. 2007).
The relief sought by Willis is not available by way of
mandamus. Accordingly, although we grant Willis’s motion for
leave to amend his petition, we deny the petition and
supplemental petition for writ of mandamus. We dispense with
oral argument because the facts and legal contentions are
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adequately presented in the materials before this court and
argument would not aid the decisional process.
PETITION DENIED
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