In re GRIFFIN

Case: 26-125 Document: 9 Page: 1 Filed: 02/13/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ In Re WILLIAM S. GRIFFIN, III, Petitioner ______________________ 2026-125 ______________________ On Petition for Writ of Mandamus to the Merit Sys- tems Protection Board in No. DC-0752-25-2887-I-1. ______________________ ON PETITION AND MOTION ______________________ Before TARANTO, MAYER, and STARK, Circuit Judges.

PER CURIAM.

ORDER William S. Griffin, III filed a petition for a writ of man- damus asking the court to compel the Merit Systems Pro- tection Board to decide his motion for default judgment and find the agency’s failure to respond to that motion consti- tutes waiver of its opposition. The next day, the adminis- trative judge issued an initial decision denying all relief requested by Mr. Griffin and dismissed his appeal. That decision states that it will become final on February 20, 2026, unless Mr. Griffin files a petition for the Board’s re- view by that date. And it further describes how he may seek judicial review.

Case: 26-125 Document: 9 Page: 2 Filed: 02/13/2026

2 IN RE GRIFFIN

A writ of mandamus is an extraordinary remedy and may only issue if petitioner has shown a clear and indis- putable right to relief and that there are no other adequate means to attain the relief desired—“a condition designed to ensure that the writ will not be used as a substitute for the regular appeals process.” Love v. McDonough, 100 F.4th 1388, 1393 (Fed. Cir. 2024) (quoting Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380–81 (2004)). Mr. Griffin has not satisfied those requirements here. The Board has since acted on his motion. And he may pursue any challenges on the merits of the denial of that relief by filing a petition for review after the Board enters a final decision.

Accordingly, IT IS ORDERED THAT: (1) The petition is denied. (2) The motion to proceed in forma pauperis is granted.

FOR THE COURT

February 13, 2026 Date