In Re: Ted Johnson, Jr., No. 14-1734 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1734 In re: TED JAMES JOHNSON, JR., Petitioner. On Petition for Writ of Mandamus. (7:07-cr-00048-SGW-RSB-1) Submitted: October 21, 2014 Decided: October 23, 2014 Before SHEDD, DUNCAN, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. Ted James Johnson, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ted mandamus James claiming Johnson, the Jr., district petitions court was for biased a writ in of denying relief on his 28 U.S.C. § 2255 (2012) motion and requesting permission to file a second or successive § 2255 motion. We conclude that Johnson is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in Dist. extraordinary Court, Moussaoui, mandamus 426 333 U.S. F.3d relief circumstances. is 394, 509, 402 516 17 available Kerr (1976); (4th only Cir. when the v. United United 2003). States States v. Further, 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), and when there are no other means by which the relief sought could be granted. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). * Accordingly, although pauperis, we dispense with deny oral we the grant petition argument leave for because * to writ the proceed of in mandamus. facts and forma We legal To the extent Johnson seeks authorization under 28 U.S.C. § 2244 (2012) to file a second or successive § 2255 motion, we deny authorization. 2 contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 3

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