Donna J. Fernicola; Robert E.

Filing 920081028


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1394 In Re: DONNA J. FERNICOLA; ROBERT E. FERNICOLA, Petitioners.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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 2

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