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NOTE: This order is nonprecedential.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 s23