In re SMITH

Case: 22-119 Document: 7 Page: 1 Filed: 02/11/2022

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________ In re: FRANKLIN C. SMITH, Petitioner ______________________ 2022-119 ______________________

On Petition for Writ of Mandamus to the United States District Court for the District of Columbia.

______________________ ON PETITION ______________________

PER CURIAM.

ORDER

Franklin C. Smith petitions for a writ of mandamus to compel the Clerk of the United States District Court for the District of Columbia to docket Mr. Smith’s lawsuit against United States Attorney General Merrick Garland and judges of the District Court for the District of Columbia re- lating to their handling of a criminal case.

The All Writs Act provides that the federal courts “may issue all writs necessary or appropriate in aid of their re- spective jurisdictions and agreeable to the usages and prin- ciples of law.” 28 U.S.C. § 1651(a). As that statute makes clear, the Act is not itself a grant of jurisdiction. See Clin- ton v. Goldsmith, 526 U.S. 529, 534–35 (1999). Any appeal Case: 22-119 Document: 7 Page: 2 Filed: 02/11/2022 2 IN RE: SMITH from Mr. Smith’s proposed case would fall outside this court’s appellate jurisdiction. Our review of district court decisions is limited to cases on review from the United States Patent and Trademark Office, see 28 U.S.C. § 1295(a)(4)(C); civil actions arising under the patent laws, see § 1295(a)(1); and cases where the district court’s juris- diction was based in part or in whole on the Little Tucker Act, 28 U.S.C. § 1346(a)(2), see § 1295(a)(2). Because Mr. Smith’s case would not fall within that limited subject mat- ter, we also do not have jurisdiction to grant his request for mandamus relief.

Accordingly, IT IS ORDERED THAT:

The petition is dismissed.

FOR THE COURT February 11, 2022 /s/ Peter R. Marksteiner

Date Peter R. Marksteiner

Clerk of Court