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    Daniel Johnson Willis filed four petitions for writs of mandamus and extraordinary writ seeking to invalidate preliminary filing injunctions entered against him in the Fourth Circuit Court of Appeals and a district court. The Fourth Circuit denied the petitions, finding that mandamus relief is only available when there is a clear right to relief, and it cannot be used as a substitute for appeal. The court also noted it does not have jurisdiction to grant mandamus relief against state officials. Therefore, the court denied Willis's petitions and other pending motions.

    Original Description:

    Filed: 2016-03-31 Precedential Status: Non-Precedential Docket: 15-2382

    Original Title

    In Re: Daniel Willis v., 4th Cir. (2016)

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    Daniel Johnson Willis filed four petitions for writs of mandamus and extraordinary writ seeking to invalidate preliminary filing injunctions entered against him in the Fourth Circuit Court of Appeals and a district court. The Fourth Circuit denied the petitions, finding that mandamus relief is only available when there is a clear right to relief, and it cannot be used as a substitute for appeal. The court also noted it does not have jurisdiction to grant mandamus relief against state officials. Therefore, the court denied Willis's petitions and other pending motions.

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    Public Domain
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    6 views4 pages

    United States Court of Appeals For The Fourth Circuit: Unpublished

    Uploaded by

    Scribd Government Docs
    Daniel Johnson Willis filed four petitions for writs of mandamus and extraordinary writ seeking to invalidate preliminary filing injunctions entered against him in the Fourth Circuit Court of Appeals and a district court. The Fourth Circuit denied the petitions, finding that mandamus relief is only available when there is a clear right to relief, and it cannot be used as a substitute for appeal. The court also noted it does not have jurisdiction to grant mandamus relief against state officials. Therefore, the court denied Willis's petitions and other pending motions.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-2382

    In re:

    DANIEL JOHNSON WILLIS


    Petitioner.

    No. 15-2462

    In re:

    DANIEL JOHNSON WILLIS


    Petitioner.

    No. 15-2518

    In re:

    DANIEL JOHNSON WILLIS


    Petitioner.

    No. 16-1130

    In re:

    DANIEL JOHNSON WILLIS,


    Petitioner.

    On Petition for Writs of Mandamus and Extraordinary Writ


    (No. 4:15-mc-00004-H; 4:15-MC-00001-H; 4:15-mc-00002-H; 4:15-mc00003-H; 4:15-mc-00004-H; 4:06-cv-00143-F; 4:96-cv-00006-H;
    4:96-cv-00089-H)

    Submitted:

    March 29, 2016

    Decided:

    March 31, 2016

    Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior


    Circuit Judge.

    Petitions 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 and
    extraordinary writ seeking an order invalidating the preliminary
    filing injunctions entered against him in this court and the
    district court.

    We conclude that Willis is not entitled to

    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 Assn, 860 F.2d 135, 138 (4th Cir.
    1988).

    We have carefully reviewed Williss petitions for relief

    and find them to be without merit.


    used as a substitute for appeal.

    Further, mandamus may not be


    In re Lockheed Martin Corp.,

    503 F.3d 351, 353 (4th Cir. 2007).


    have

    jurisdiction

    officials.

    to

    grant

    And, this court does not

    mandamus

    relief

    against

    state

    Gurley v. Superior Court of Mecklenburg Cty., 411

    F.2d 586, 587 (4th Cir. 1969).


    The relief sought by Willis is not available by way of
    mandamus or extraordinary writ.
    leave

    to

    proceed

    in

    forma

    Accordingly, although we grant

    pauperis

    and

    Williss

    motion

    to

    supplement titled as a motion to amend, we deny the petitions.

    We

    deny

    Williss

    motion

    for

    oral

    argument

    remaining pending motions filed by Willis.


    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    and

    all

    other

    We dispense with
    contentions
    this

    court

    are
    and

    argument would not aid the decisional process.

    PETITIONS DENIED

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