Background
Antonio Davis, proceeding pro se, petitioned the Fourth Circuit for a writ of mandamus. He alleged that the United States District Court for the District of Maryland unduly delayed acting on his Section twenty-eight U.S.C. two thousand two hundred fifty-five motion and its supplements. Davis sought an order directing the district court to act on these filings.
The court’s reasoning
The court reviewed the district court’s docket and found that the district court had recently entered an order denying Davis’s Section twenty-eight U.S.C. two thousand two hundred fifty-five motion and its supplements. Consequently, the petition for mandamus was denied as moot. The court also addressed potential arguments regarding compassionate release and firearm convictions, noting that the district court had granted the compassionate release motion in part and that mandamus is not the proper vehicle to challenge the denial of firearm conviction claims, which must be appealed.
What it means going forward
The denial of the mandamus petition leaves the district court’s order denying the Section twenty-eight U.S.C. two thousand two hundred fifty-five motion in place. Davis may seek to appeal that order rather than pursuing further mandamus relief.
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