In re: Steven Glenn:Johnson, No. 11-1247 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1247 In re: STEVEN-GLENN:JOHNSON, Petitioner.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. Submitted: (4:10-cv-00151-BR) May 19, 2011 Before TRAXLER, Judges. Chief Decided: Judge, and AGEE and May 23, 2011 KEENAN, Circuit Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 Dist. extraordinary Court, Moussaoui, 426 333 circumstances. U.S. F.3d 394, 509, 402 516-17 Kerr (1976); (4th Cir. v. United United States States 2003). v. Johnson carries the heavy burden of establishing that he has no other adequate means to attain the relief sought and that entitlement to such relief is clear and indisputable. his 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 relates to deny his Johnson s request that mandamus the petition district insofar court as calendar it a hearing on his request for a preliminary injunction and order the Marshal s Service to serve Defendants in Johnson s action 2 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. denied Johnson s motion seeking a The district court has 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 forma pauperis, we deny the petition for writ of mandamus. dispense with oral argument because the facts and in We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 3
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