In re EB

NMCCA No. 201800325 In Re E.B.

PETITION FOR Petitioner EXTRAORDINARY RELIEF – ARTICLE 6B, UCMJ UNITED STATES Special Panel 2 Respondent ORDER Salvador JACINTO Aviation Structural Mechanic Granting Motion for Leave to First Class (E-6) File, Denying Motion to Dismiss, U.S. Navy and Denying Petition for Real Party in Interest Extraordinary Relief and Application for Stay of Proceedings On 17 March 2022, E.B. filed a Petition for Extraordinary Relief in the Na- ture of a Writ of Mandamus to Enforce Article 6b, Uniform Code of Military Justice [UCMJ], 1 and an Application for Stay of Proceedings. On the same day, in response to E.B.’s filing, the Real Party in Interest filed a Motion for Leave to File and a Motion to Dismiss for Lack of Jurisdiction.

Accordingly, it is, by the Court, this 17th day of March 2022, ORDERED: 1. That E.B.’s Petition for Extraordinary Relief in the Nature of a Writ of Mandamus to Enforce Article 6b, UCMJ, is DENIED.

2. That E.B.’s Application for a Stay of Proceedings is DENIED.

3. That the Real Party in Interest’s Motion for Leave to File is GRANTED.

4. That the Real Party in Interest’s Motion to Dismiss for Lack of Jurisdic- tion is DENIED.

1 10 U.S.C. § 806b.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

Copy to: Petitioner (LT Hough) (LCDR Wester) (Maj Wiggins, Maj Friedewald) DuBay Judge (CDR Sears)