In Re: Fernicola v.

U.S. Court of Appeals for the Fourth Circuit October 28, 2008

Opinion

No. 08-1394

Petitioners.

On Petition for Writ of Mandamus. (4:08-cv-00516-TLW-TER)

Submitted: August 11, 2008 Decided: October 28, 2008

Before MOTZ, TRAXLER, and KING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Donna J. Fernicola, Robert E. Fernicola, Petitioners Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Donna J. Fernicola and Robert E. Fernicola petition for

a writ of mandamus directing the district court to enter default

judgment in their favor in the underlying action. Our review of

the district court docket sheet reveals that the district court has

remanded the underlying case to Utica City Court in Utica, New

York. See GPO Federal Credit Union v. Fernicola, No. 4:08-cv-

00516-TLW-TER (D.S.C. July 11, 2008). Accordingly, we deny this

mandamus petition as moot. We also deny as moot the Fernicolas’

motion for a stay. 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.