Mykal Ryan v. n, No. 11-2079 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-2079 IN RE: MYKAL S. RYAN; HELEN E. RYAN; JOHN J. RYAN, JR, Petitioners. On Petition for a Writ of Mandamus. (08-50805-FJS; 10-05026-FJS) Submitted: December 20, 2011 Decided: December 22, 2011 Before MOTZ, DUNCAN, and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Mykal S. Ryan, Helen E. Ryan, John J. Ryan, Jr., Petitioners Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Mykal S. Ryan, Helen E. Ryan, and John J. Ryan, Jr., petition for seeking a an writ of order mandamus from and this other injunctive court relief directing the disqualification/recusal of the bankruptcy court judge presiding over the relief. underlying bankruptcy proceeding, as well as other We conclude that the Ryans are not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, Moussaoui, mandamus 426 333 relief circumstances. U.S. F.3d is 394, 509, 402 516-17 available clear right to the relief sought. (1976); (4th only Kerr Cir. when the v. United United States States 2003). v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). The relief sought by the Ryans is not available by way of mandamus. mandamus. we Accordingly, we deny the petition for writ of We deny the Ryans motion for injunctive relief, and 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. PETITION DENIED 2

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