U.S. Court of Appeals for the Fourth Circuit, 2014

In re: Denis Bergeron v.

In re: Denis Bergeron v.
U.S. Court of Appeals for the Fourth Circuit · Decided September 26, 2014 · King, Motz, Per Curiam, Wynn
583 F. App'x 260

In re: Denis Bergeron v.

Opinion

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Denis Bergeron and lUp Allstar Servi-centers, LLC, petition for a writ of mandamus seeking an order reversing a number of rulings in the underlying bankruptcy proceedings. We conclude that the parties are not entitled to mandamus rehef.

Mandamus rehef is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Mandamus may -not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). Further, mandamus rehef is available only when the petitioner has a clear right to the rehef sought. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988).

The rehef sought by Bergeron and lUp Allstar Servicenters, LLC, is not available by way of mandamus. Accordingly, we deny the petition for writ of mandamus. We deny the motions to stay and motions to expedite. 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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