In re: Christopher Leonard Olszowy; Anna Olszowy

UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Christopher and Anna Olszowy petition for a writ of
mandamus seeking an order invalidating the district court’s
order denying their motion for a stay. 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
relief sought. In re First Fed. Sav. & Loan Ass’n, 860 F.2d
135, 138 (4th Cir. 1988). Mandamus may not be used as a
substitute for appeal. 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. Accordingly, we deny the petition for writ of
mandamus. 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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