In re: Deandre Johnson

Summary

The Fourth Circuit denied Deandre Johnson’s pro se petition for a writ of mandamus alleging undue delay in the district court’s consideration of his 28 U.S.C. § 2254 petition. The court held that the record did not show undue delay and that Johnson had not demonstrated a clear right to an order directing the district court to grant habeas relief.

Holdings

1. Mandamus relief was unavailable because the record did not reveal undue delay by the district court.
2. Mandamus could not be used to direct the district court to grant substantive habeas relief because Johnson had not demonstrated a clear right to that relief.

Questions Presented

1. Whether mandamus relief was appropriate to address an alleged delay by the district court in ruling on Johnson's § 2254 petition.
2. Whether mandamus could be used to direct the district court to grant substantive habeas relief.

Disposition

writ_denied