Case: 21-189 Document: 10 Page: 1 Filed: 11/23/2021

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

In re: FRANKLIN C. SMITH, Petitioner ______________________

2021-189 ______________________

On Petition for Writ of Mandamus to the United States Court of Appeals for the Federal Circuit. ______________________

ON PETITION ______________________

PER CURIAM. ORDER Franklin C. Smith petitions for writ of mandamus that appears to ask the court to direct public officials, including the Speaker of the United States House of Representatives, “to perform the legal duties, or refrain from abusing their powers, which it has or refused to do.” ECF No. 2 at 1. Mr. Smith also files a submission entitled “cease and desist or- der” seeking to “immediately stop” the former Acting United States Attorney for the District of Columbia “from prosecuting U.S. Citizens at the Capitol on or about (Janu- ary 6th[,] 2021).” ECF No. 7 at 1. The All Writs Act provides that the federal courts “may issue all writs necessary or appropriate in aid of their Case: 21-189 Document: 10 Page: 2 Filed: 11/23/2021

2 IN RE: SMITH

respective jurisdictions and agreeable to the usages and principles of law.” 28 U.S.C. § 1651(a). As that statute makes clear, however, the Act is not itself a grant of juris- diction. See Clinton v. Goldsmith, 526 U.S. 529, 534–35 (1999). This court does not have original jurisdiction over Mr. Smith’s requests for relief. Nor do his submissions ref- erence any agency or trial court action that would eventu- ally be subject to this court’s limited jurisdiction on direct appeal under 28 U.S.C. § 1295 that would give us authority to consider a mandamus request. We therefore dismiss. Accordingly, IT IS ORDERED THAT: (1) The petition is dismissed. (2) All pending motions are denied as moot. FOR THE COURT

November 23, 2021 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court

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