In re Mackie James Walker, Jr. - Mandamus Petition Denied
Summary
The Fourth Circuit denied a petition for writ of mandamus filed by Mackie James Walker Jr., who alleged the district court had unduly delayed action on his 28 U.S.C. § 2255 motions to vacate. The court found the petition moot because the district court had already denied relief on the motions on March 31, 2026, before the appellate court's decision. The per curiam opinion denies the petition and dispenses with oral argument.
What changed
Petitioner Mackie James Walker Jr. sought a writ of mandamus compelling the district court to act on his pending § 2255 motions, alleging undue delay. The Fourth Circuit reviewed the district court's docket and found that the lower court had denied the motions on March 31, 2026, rendering the mandamus petition moot. The court issued an unpublished per curiam decision denying the petition without oral argument.\n\nAffected parties, particularly criminal defendants pursuing § 2255 relief, should note that appellate courts will not adjudicate mandamus petitions where the underlying relief has already been granted or denied by the lower court. The court's reliance on its own docket review rather than briefing suggests procedural efficiency for similar claims.
What to do next
- Monitor for further filings in underlying criminal case
Archived snapshot
Apr 15, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 26-1247
In re: MACKIE JAMES WALKER, JR., a/k/a Mackie J. Walker, Jr., Petitioner. On Petition for Writ of Mandamus to the United States District Court for the District of South Carolina, at Aiken. (1:16-cr-00001-MGL-1) Submitted: April 1, 2026 Decided: April 14, 2026 Before KING and HARRIS, Circuit Judges, and KEENAN, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Mackie James Walker, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Mackie James Walker, Jr., petitions for a writ of mandamus, alleging that the district court has unduly delayed acting on his 28 U.S.C. § 2255 motions to vacate. He seeks an order from this court directing the district court to act. Our review of the district court's docket reveals that the district court denied relief on Walker's § 2255 motions on March 31, 2026. Accordingly, because the district court has recently denied relief on Walker's motions, we deny the mandamus petition as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
PETITION DENIED
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