U.S. Court of Appeals for the Federal Circuit, 2024

In Re CHISUM

In Re CHISUM
U.S. Court of Appeals for the Federal Circuit · Decided September 16, 2024

In Re CHISUM

Opinion

Case: 24-144 Document: 5 Page: 1 Filed: 09/16/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ In Re RAMEY ALAINE CHISUM, Petitioner ______________________ 2024-144 ______________________ On Petition for Writ of Mandamus to the United States Court of Federal Claims in No. 1:24-cv-00067-EHM, Judge Edward H. Meyers. ______________________ ON PETITION AND ON MOTION ______________________ PER CURIAM.

ORDER Ramey Alaine Chisum petitions for a writ of manda- mus directing the United States Court of Federal Claims to enter judgment in her favor and moves for leave to pro- ceed in forma pauperis.

In the underlying proceedings before the Court of Fed- eral Claims, the United States moved to dismiss, and Ms. Chisum moved for summary judgment. The Court of Federal Claims stayed briefing on the summary judgment motion pending resolution of the motion to dismiss. Brief- ing on the motion to dismiss completed in late August 2024, and that motion remains pending.

Case: 24-144 Document: 5 Page: 2 Filed: 09/16/2024

2 IN RE CHISUM

In order to establish entitlement to the extraordinary remedy of a writ of mandamus, a petitioner must show: (1) “no other adequate means to attain the relief [it] desires,” (2) a “clear and indisputable” right to relief, and (3) that the writ is “appropriate under the circumstances.” Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380–81 (2004) (cleaned up). Here, at a minimum, Ms. Chisum has failed to show she is unable to get the relief she is seeking without our immediate intervention on mandamus. And, to the ex- tent Ms. Chisum challenges the trial court’s decision to stay consideration of her motion for summary judgment pending consideration of the government’s motion to dis- miss, she has not shown the sort of unreasonable delay re- quired for the extraordinary remedy of mandamus.

Accordingly, IT IS ORDERED THAT: The petition and motion are denied.

FOR THE COURT

September 16, 2024 Date

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