Case: 14-125 Document: 10 Page: 1 Filed: 05/06/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
IN RE SHERMAN HOWARD,
Petitioner.
__________________________
2014-125
__________________________
On Petition for Writ of Mandamus to the Merit Systems
Protection Board in DA0752090172-C-1.
__________________________
ON PETITION
__________________________
Before NEWMAN, PROST, and REYNA, Circuit Judges.
PER CURIAM.
ORDER
Sherman Howard (“Howard”) petitions for a writ of
mandamus directing the Merit Systems Protection Board
(“MSPB”) to issue a final decision in Howard v. Depart-
ment of the Air Force, DA-0752-09-0172-C-1. Howard also
seeks attorney fees and costs associated with filing this
petition pursuant to the Equal Access to Justice Act, 28
U.S.C. § 2412(d). The MSPB opposes.
Case: 14-125 Document: 10 Page: 2 Filed: 05/06/2014
IN RE HOWARD 2
Mandamus is an extraordinary remedy, available only
where the petitioner shows: (1) a clear legal right to relief;
(2) there are no adequate alternative legal channels
through which he may obtain that relief; and (3) the grant
of mandamus is appropriate under the circumstances.
Cheney v. U.S. Dist. Court,
542 U.S. 367, 380-81 (2004);
Kerr v. U.S. Dist. Court,
426 U.S. 394, 403 (1976). In
denying this requested relief, we note that on the same
day Howard filed this petition the MSPB issued its deci-
sion in DA-0752-09-0172-C-1.
Accordingly,
IT IS ORDERED THAT:
The petition is denied.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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