In re: Peter L. Chu; Ying L. Chu

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1645
In re: PETER L. CHU; YING L. CHU,
Petitioners.
On Petition for Writ of Mandamus.
(8:10-cv-01422-RWT)
Submitted: August 22, 2012 Decided: August 24, 2012
Before WILKINSON, GREGORY, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Peter L. Chu, Ying L. Chu, Petitioners Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Peter L. Chu and Ying L. Chu petition for a writ of
mandamus seeking an order directing the district court to vacate
its order granting the United States’ motion to intervene and
stay the proceedings. We conclude that the Chu’s 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). 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 Chu’s 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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