UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2061
IN RE: HELEN E. RYAN; JOHN J. RYAN, JR.,
Petitioners.
On Petition for a Writ of Mandamus.
(08-50805-FJS; 10-05026-FJS)
Submitted: December 20, 2011 Decided: December 22, 2011
Before MOTZ, DUNCAN, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Helen E. Ryan, John J. Ryan, Jr., Petitioners Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Helen E. Ryan and John J. Ryan, Jr., petition for a
writ of mandamus and other injunctive relief seeking an order
from this court directing the bankruptcy court to dismiss or
transfer the underlying adversary proceeding; to stay the
adversary proceeding pending a related state court action; and
to sanction, by various means, the bankruptcy trustee. We
conclude that the Ryans are not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
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
Ass’n, 860 F.2d 135, 138 (4th Cir. 1988).
The relief sought by the Ryans is not available by way
of mandamus. Accordingly, we deny the petition for writ of
mandamus. We deny the Ryans’ motion for injunctive relief, and
we dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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