In re Vargas Petition

IN THE UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS October 2021 In Re: PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A WRIT Kimberly A. Vargas OF MANDAMUS, FILED 15 Yeoman First Class (E-6) OCTOBER 2021 U.S. Coast Guard, Petitioner MISC. DOCKET NO. 001-21 BEFORE MCCLELLAND, BRUBAKER & SCOTT ORDER Petitioner, an accused at a special court-martial convened by the Commanding Officer, Coast Guard Base, Kodiak, Alaska, seeks a writ of mandamus directing the military judge to dismiss the charges based on improper referral, and requests a stay of further proceedings while this Court considers the matter. We conclude that Petitioner has failed to show either that she has “no other adequate means to attain the relief [s]he desires” or that her “right to issuance of the writ is clear and indisputable.” Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380–81 (2004) (internal quotation marks and citations omitted).

Accordingly, it is, by the Court, this 15th day of October, 2021, ORDERED: That the request for a stay of proceedings is denied; that the Petition for Extraordinary Relief is denied, without prejudice to Petitioner’s right to raise the issues therein in the course of normal review under the Uniform Code of Military Justice.

For the Court,

L. I. McClelland Chief Judge Copy: CDR Burrell, Military Judge CDR Henderson, Detailed Defense Counsel LCDR Lanz, Trial Counsel Office of Military Justice Appellate Government Counsel Appellate Defense Counsel