NOTE: This order is nonprecedential

United States Court of Appeals for the Federal Circuit

IN RE SHERMAN HOWARD, Petitioner. -

Misce11aneous Docket No. 126

On Petition for Writ of Mandamus to the Merit Systems Protecti0n Board in case no. DA07 52090 172-1-1.

ON PETITION

Before LoURIE, SCHALL, and DYK, Circuit Ju,dges. PER CURLAM.

ORDER

Sherman Howard submits a petition for a writ of mandamus directing the Merit Systems Protection Board (MSPB) to comply with this court’s July 6, 2011 remand order in Howard v. Department of the Air Force, Appeal No. 2010-317'7, and for an award of attorney fees and costs associated with filing the petition under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d). The MSPB responds. Howard replies.

IN RE HOWARD 2

On April 26, 2012, the MSPB issued an Opinion and Order in Howard’s appeal, ordering the Department of the Air Force to, inter alia, cancel his removal and pay him back pay, interest, and other benefits due.

Howard has not shown entitlement to EAJA fees and costs related to this petition.

Accordingly, IT ls ORDERED THAT:

(1) The petition for writ of mandamus is denied as moot.

(2) The request for attorney fees and costs incurred in association with this petition is denied.

w

FOR THE COURT AUG 74 299 /S/ Jan H@rbaiy Date J an Horba1y

C1erk

cc: Marshall D. White, Esq.

Joshua E. Kurland, Esq.

Michael A. Carney, Esq.

Clerk, Merit Systems Protect1on Board us mu"fg|;§?,als mm 82 3 THE FEDERAL I`.IHCU|T

AUG ’l 4 2012 JAN HDHBA|.Y CI.ERK