In re: Christopher Olszowy, No. 10-2303 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2303 In Re: CHRISTOPHER LEONARD OLSZOWY; ANNA OLSZOWY, Petitioners. On Petition for Writ of Mandamus. (9:09-cv-01662-PMD-bm) Submitted: December 21, 2010 Decided: January 3, 2011 Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Christopher Leonard Olszowy; Anna Olszowy, Petitioners Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Christopher and Anna Olszowy petition for a writ of mandamus seeking an order invalidating the order denying their motion for a stay. district court s We conclude that the Olszowys are not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. 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 In re First Fed. Sav. & Loan Ass n, 860 F.2d relief sought. 135, 138 (4th Cir. 1988). substitute for appeal. Mandamus may not be used as a In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by the Olszowys is not available by way of mandamus. mandamus. legal before We dispense with oral argument because the facts and contentions the Accordingly, we deny the petition for writ of court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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