Donna J. Fernicola; Robert E., No. 08-1394 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1394 In Re: DONNA J. FERNICOLA; ROBERT E. FERNICOLA, Petitioners. On Petition for Writ of Mandamus. Submitted: August 11, 2008 (4:08-cv-00516-TLW-TER) 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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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). mandamus petition as moot. motion for a stay. facts and materials legal before Accordingly, we deny this We also deny as moot the Fernicolas We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. PETITION DENIED 2

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