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In re Monbo

United States Court of Appeals, Fourth Circuit
Nov 22, 2022
No. 22-1997 (4th Cir. Nov. 22, 2022)

Opinion

22-1997

11-22-2022

In re: DEAFUEH MONBO; JUAHDI MONBO, Petitioners.

Deafueh Monbo and Juahdi Monbo, Petitioners Pro Se.


UNPUBLISHED

Submitted: November 17, 2022

On Petition for Writ of Mandamus. (1:21-cv-01230-MSN-WEF)

Deafueh Monbo and Juahdi Monbo, Petitioners Pro Se.

Before KING, QUATTLEBAUM, and RUSHING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Deafueh and Juahdi Monbo ("Petitioners") petition for a writ of mandamus seeking an order instructing the district court clerk to enter default pursuant to Fed.R.Civ.P. 55(a). We conclude that Petitioners are not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380 (2004); In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought and "has no other adequate means to attain the relief [he] desires." Murphy-Brown, 907 F.3d at 795 (cleaned up).

We have reviewed the record and conclude that Petitioners are not entitled to the relief they seek. Accordingly, we deny the petition for writ of mandamus. We further deny Petitioners' motions for a stay pending the resolution of their petition. 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


Summaries of

In re Monbo

United States Court of Appeals, Fourth Circuit
Nov 22, 2022
No. 22-1997 (4th Cir. Nov. 22, 2022)
Case details for

In re Monbo

Case Details

Full title:In re: DEAFUEH MONBO; JUAHDI MONBO, Petitioners.

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 22, 2022

Citations

No. 22-1997 (4th Cir. Nov. 22, 2022)