Donna J. Fernicola; Robert E.

Filing 920081028

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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-cvAccordingly, we deny this

00516-TLW-TER (D.S.C. July 11, 2008). mandamus petition as moot. motion for a stay. facts and legal before

We also deny as moot the Fernicolas'

We dispense with oral argument because the are and adequately argument presented not in aid the the

contentions the court

materials

would

decisional process. PETITION DENIED

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