In re: Donna J. Fernicola; Robert E. Fernicola

UNPUBLISHED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. (4:08-cv-00516-TLW-TER)
Submitted: August 11, 2008 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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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). Accordingly, we deny this
mandamus petition as moot. We also deny as moot the Fernicolas’
motion for a stay. 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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