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          NOTE: This order is nonprecedential.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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