In re: Hennager and Jennings
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999937598-2], denying Supplemental Motion for writ of mandamus (FRAP 21) [999971323-2]; denying Motion to expedite decision as moot [999982666-2]. Originating case number: 1:15-cv-00149-LO-TCB. Copies to all parties and the district court/agency. . Mailed to: Hennager and Jennings. [16-2126]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
BEVERLY L. HENNAGER; LOUIS A. JENNINGS,
On Petition for Writ of Mandamus.
December 9, 2016
January 4, 2017
Before AGEE, KEENAN, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Beverly L. Hennager, Louis A. Jennings, Petitioners Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Beverly L. Hennager and Louis A. Jennings petition for a
writ of mandamus, asking that this court quash an order of the
district court and direct the district court judge to recuse
have also filed a motion to expedite.
We deny mandamus relief.
Kerr v. U.S. Dist. Court, 426 U.S.
394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 51617 (4th Cir. 2003).
In fact, mandamus relief is available only
when there are no other means by which the relief sought could
be granted, see Moussaoui, 333 F.3d at 517, and the party has
relief sought, see In re Braxton, 258 F.3d 250, 261 (4th Cir.
It is well established that mandamus may not be used as a
substitute for appeal.
Will v. United States, 389 U.S. 90, 97
(1967); In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir.
2007); see Moussaoui, 333 F.3d at 517.
Although “a district
judge’s refusal to disqualify himself can be reviewed in this
circuit by way of a petition for a writ of mandamus[,]” a writ
of mandamus will not issue “when all that is shown is that the
district court abused its discretion when making the challenged
In re Beard, 811 F.2d 818, 826-27 (4th Cir. 1987).
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Petitioners have not established a clear and indisputable right
to the relief sought.
Accordingly, we deny mandamus relief.
deny as moot Petitioners’ motion to expedite.
We dispense with
argument would not aid the decisional process.
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