UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2329
In re: MYKAL S. RYAN,
Petitioner.
On Petition for Writ of Mandamus.
(08-50805-FJS)
Submitted: July 26, 2012 Decided: August 1, 2012
Before MOTZ, DAVIS, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Mykal S. Ryan, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mykal S. Ryan petitions for a “writ of Mandate”
seeking an order from this court vacating the prefiling
injunction entered against him by the bankruptcy court and
referring the bankruptcy court judge to the United States Senate
to begin impeachment proceedings. We conclude that Ryan is not
entitled to mandamus relief.
Mandamus may not be used as substitute for appeal. In
re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
Further, the relief sought by Ryan is not available by mandamus.
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 Ryan is not available by way of
mandamus. Accordingly, we deny the petition for writ of
mandamus. We deny Ryan’s motion to refer the bankruptcy judge
to the United States Senate and we dispense with oral argument
because the facts and legal contentions are adequately presented
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in the materials before the court and argument would not aid the
decisional process.
PETITION DENIED
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