Case: 14-125    Document: 10   Page: 1   Filed: 05/06/2014




          NOTE: This order is nonprecedential.

   United States Court of Appeals
       for the Federal Circuit
                __________________________

               IN RE SHERMAN HOWARD,
                       Petitioner.
                __________________________

                         2014-125
                __________________________

 On Petition for Writ of Mandamus to the Merit Systems
        Protection Board in DA0752090172-C-1.
                __________________________

                      ON PETITION
                __________________________

   Before NEWMAN, PROST, and REYNA, Circuit Judges.
PER CURIAM.

                       ORDER

    Sherman Howard (“Howard”) petitions for a writ of
mandamus directing the Merit Systems Protection Board
(“MSPB”) to issue a final decision in Howard v. Depart-
ment of the Air Force, DA-0752-09-0172-C-1. Howard also
seeks attorney fees and costs associated with filing this
petition pursuant to the Equal Access to Justice Act, 28
U.S.C. § 2412(d). The MSPB opposes.
Case: 14-125      Document: 10    Page: 2    Filed: 05/06/2014




IN RE HOWARD                                                 2

    Mandamus is an extraordinary remedy, available only
where the petitioner shows: (1) a clear legal right to relief;
(2) there are no adequate alternative legal channels
through which he may obtain that relief; and (3) the grant
of mandamus is appropriate under the circumstances.
Cheney v. U.S. Dist. Court, 

, 380-81 (2004);
Kerr v. U.S. Dist. Court, 

, 403 (1976). In
denying this requested relief, we note that on the same
day Howard filed this petition the MSPB issued its deci-
sion in DA-0752-09-0172-C-1.

      Accordingly,

      IT IS ORDERED THAT:

      The petition is denied.


                                     FOR THE COURT

                                     /s/ Daniel E. O’Toole
                                         Daniel E. O’Toole
                                         Clerk of Court
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