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475 F. App'x 859

In re Chu

U.S. Courts of Appeals

Decided August 24, 2012

U.S. Courts of Appeals · decided 2012-08-24

Relies on Kerr v. United States Dist. Court for Northern Dist. of Cal. · In Re First Federal Savings And Loan Association Of Durham · United States v. Moussaoui

Decided 2012-08-24

¶1Petition denied by unpublished PER CURIAM opinion.

¶2Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3Peter 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.

¶4Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (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).

¶5The 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.

¶6PETITION DENIED.

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