In re: Denis Bergeron, No. 14-1516 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1516 In Re: DENIS E. BERGERON; 1UP ALLSTAR SERVICENTERS, LLC, Petitioners. On Petition for Writ of Mandamus. (13-02912-8-SWH; 14-00542-5-SWH) Submitted: September 22, 2014 Decided: September 26, 2014 Before MOTZ, KING, and WYNN, Circuit Judges. Petition denied by unpublished per curiam opinion. Denis E. Bergeron, 1Up Allstar Servicenters, LLC, Petitioners Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Denis Bergeron and 1Up Allstar Servicenters, LLC, petition for a writ of mandamus seeking an order reversing a number We of rulings conclude that in the the underlying parties are bankruptcy not proceedings. entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, 426 circumstances. U.S. 394, 402 Kerr (1976); v. United United Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). not be used as a substitute for appeal. States States v. Mandamus may In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). The Servicenters, relief LLC, sought is not by Bergeron available by and way 1Up of mandamus. Accordingly, we deny the petition for writ of mandamus. the motions to stay and motions to expedite. oral argument adequately because presented in the the facts and materials Allstar We deny We dispense with legal contentions are before this and court argument would not aid the decisional process. PETITION DENIED 2

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