In re Johnson — Fourth Circuit denied mandamus petition as moot after district court ruled

Case
In re: Charles Eloys Johnson, a/k/a Adam White
Court
U.S. Court of Appeals for the Fourth Circuit
Judge
King; Heytens; Benjamin
Date Decided
September 1, 2026
Docket No.
26-1728
Topics
Mandamus, Section 2255, Mootness
Source
Read the full opinion

Background

Charles Eloys Johnson, proceeding pro se, petitioned the Fourth Circuit for a writ of mandamus. He alleged that the U.S. District Court for the District of South Carolina had unduly delayed ruling on his motion under 28 U.S.C. § 2255.

Johnson asked the appellate court to direct the district court to act. The Fourth Circuit’s review of the district court docket showed, however, that the district court had dismissed Johnson’s § 2255 motion on June 10, 2026.

The Court’s Holding

The Fourth Circuit denied Johnson’s mandamus petition as moot. Because the district court had already decided the § 2255 matter, there was no remaining action for the appellate court to compel.

The court resolved the petition without oral argument, concluding that the submitted materials adequately presented the facts and legal issues and that argument would not assist the decisional process. The disposition was issued as an unpublished per curiam opinion.

Key Takeaways

  • A petition seeking mandamus relief based on judicial delay becomes moot once the lower court takes the requested action.
  • The district court’s dismissal of Johnson’s § 2255 motion eliminated any live basis for an order compelling a ruling.
  • The Fourth Circuit denied the petition without oral argument in an unpublished, nonprecedential opinion.

Why It Matters

The decision illustrates that mandamus can compel a lower court to act only while the requested action remains outstanding. Once the district court rules—even if the petitioner may disagree with the result—a delay-based mandamus petition no longer presents a live controversy.

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