Filed: Sep. 26, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1516 In Re: DENIS E. BERGERON; 1UP ALLSTAR SERVICENTERS, LLC, Petitioners.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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circui
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1516 In Re: DENIS E. BERGERON; 1UP ALLSTAR SERVICENTERS, LLC, Petitioners.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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit..
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UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 of rulings in the underlying bankruptcy proceedings.
We conclude that the parties 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). Mandamus may
not be used as a substitute for appeal. 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 relief sought by Bergeron and 1Up Allstar
Servicenters, LLC, is not available by way of mandamus.
Accordingly, we deny the petition for writ of mandamus. We deny
the motions to stay and motions to expedite. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before this court and
argument would not aid the decisional process.
PETITION DENIED
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