In Re EB ( 2022 )

NMCCA No. 201800325
In Re
E.B.
PETITION FOR
Petitioner EXTRAORDINARY RELIEF –
ARTICLE 6B, UCMJ
UNITED STATES
Special Panel 2
Respondent
ORDER
Salvador JACINTO
Aviation Structural Mechanic Granting Motion for Leave to
First Class (E-6) File, Denying Motion to Dismiss,
U.S. Navy and Denying Petition for
Real Party in Interest Extraordinary Relief and
Application for Stay of
Proceedings
On 17 March 2022, E.B. filed a Petition for Extraordinary Relief in the Na-
ture of a Writ of Mandamus to Enforce Article 6b, Uniform Code of Military
Justice [UCMJ], 1 and an Application for Stay of Proceedings. On the same day,
in response to E.B.’s filing, the Real Party in Interest filed a Motion for Leave
to File and a Motion to Dismiss for Lack of Jurisdiction.
Accordingly, it is, by the Court, this 17th day of March 2022,
ORDERED:
1. That E.B.’s Petition for Extraordinary Relief in the Nature of a Writ of
Mandamus to Enforce Article 6b, UCMJ, is DENIED.
2. That E.B.’s Application for a Stay of Proceedings is DENIED.
3. That the Real Party in Interest’s Motion for Leave to File is GRANTED.
4. That the Real Party in Interest’s Motion to Dismiss for Lack of Jurisdic-
tion is DENIED.
1 10 U.S.C. § 806b.
FOR THE COURT:
RODGER A. DREW, JR.
Clerk of Court
Copy to:
Petitioner (LT Hough)
45 (LCDR Wester)
46 (Maj Wiggins, Maj Friedewald)
DuBay Judge (CDR Sears)
02
2