in Re Sherman Howard v. Department of the Air Force, Appeal No. 2010-3177

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

IN RE SHERMAN HOWARD,
Petitioner.

Miscellaneous Docket No. 126

On Petition for Writ of Mandamus to the Merit Systems
Protection Board in case no. DA0752090172-I-1.

## ON PETITION

Before LOURIE, SCHALL, and DYK, Circuit Judges.
PER CURIAM.

## ORDER

Sherman Howard submits a petition for a writ of
mandamus directing the Merit Systems Protection Board
(MSPB) to comply with this court's July 6, 2011 remand
order in Howard v. Department of the Air Force, Appeal
No. 2010-3177, and for an award of attorney fees and
costs associated with filing the petition under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The
MSPB responds. Howard replies.

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On April 26, 2012, the MSPB issued an Opinion and
Order in Howard's appeal, ordering the Department of the
Air Force to, inter alia, cancel his removal and pay him
back pay, interest, and other benefits due.

Howard has not shown entitlement to EAJA fees and
costs related to this petition.

Accordingly,

IT IS ORDERED THAT:

(1) The petition for writ of mandamus is denied as
moot.

(2) The request for attorney fees and costs incurred in
association with this petition is denied.

FOR THE COURT

AUG 14 2012

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Marshall D. White, Esq.
Joshua E. Kurland, Esq.
Michael A. Carney, Esq.
Clerk, Merit Systems Protection Board
$23

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
AUG 14 2012
JAN HORBALY
CLERK