In re: Joni Antonelli ( 2023 )


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  • USCA4 Appeal: 23-1081      Doc: 5          Filed: 02/24/2023   Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 23-1081
    In re: JONI RAMO ANTONELLI; JONATHAN DAVID CROSS,
    Petitioners.
    On Petition for Writ of Mandamus. (1:22-mc-00022-MR-WCM)
    Submitted: February 21, 2023                                 Decided: February 24, 2023
    Before NIEMEYER and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge.
    Petition denied by unpublished per curiam opinion.
    Joni Ramo Antonelli, Jonathan David Cross, Petitioners Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 23-1081      Doc: 5         Filed: 02/24/2023      Pg: 2 of 2
    PER CURIAM:
    Joni Ramo Antonelli and Jonathan David Cross petition for a writ of mandamus
    seeking an order directing the district court to rescind the judgment dismissing their
    miscellaneous court filling and grant relief. We conclude that Antonelli and Cross 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. Murphy-Brown, 
    907 F.3d at 795
    .
    Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 
    503 F.3d 351
    , 353 (4th Cir. 2007).
    The relief sought by Antonelli and Cross 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 this
    court and argument would not aid the decisional process.
    PETITION DENIED
    2
    

Document Info

Docket Number: 23-1081

Filed Date: 2/24/2023

Precedential Status: Non-Precedential

Modified Date: 2/25/2023