In Re: Mykal Ryan , 459 F. App'x 290 ( 2011 )

UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 a writ of mandamus and other injunctive relief
seeking an order from this court directing the
disqualification/recusal of the bankruptcy court judge presiding
over the underlying bankruptcy proceeding, as well as other
relief. We conclude that the Ryans are not entitled to mandamus
relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
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 relief sought. 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. Accordingly, we deny the petition for writ of
mandamus. We deny the Ryans’ motion for injunctive relief, and
we 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
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