Federal Circuit disposition — 2009-m890-3-5-09-1-pdf

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
MISCELLANEOUS DOCKET NO. 890
IN RE JOHN D. MILLER,
Petitioner.
On Writ of Mandamus from the United States Court of Appeals for Veterans Claims
in case no. 06-0933, Judge Bruce E. Kasold.
ON PETITION FOR WRIT OF MANDAMUS
Before NEWMAN, BRYSON, and DYK Circuit Judges.
PER CURIAM.
ORDER
John D. Miller petitions for a writ of mandamus to direct the United States Court
of Appeals for Veterans Claims to transmit his notice of appeal of the Court of Appeals
for Veterans Claims' judgment in Miller v. DVA, No. 06-0933, to this court.
The Court of Appeals for Veterans Claims entered judgment on July 30, 2008.
Miller filed a notice of appeal on September 29, 2008. The Court of Appeals for
Veterans Claims issued its mandate on October 7, 2008. Miller then filed the instant
mandamus petition seeking to require the Court of Appeals for Veterans Claims to
transmit his notice of appeal to this court.
After Miller filed his mandamus petition, this court received Miller's appeal of the
judgment of the Court of Appeals for Veterans Claims in Miller v. DVA, No. 06-0933.
Miller's appeal was docketed as appeal no. 2009-7027. Because Miller has received
the relief sought in his mandamus petition, the petition is moot.
Accordingly,

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IT IS ORDERED THAT:
The petition is denied as moot.
FOR THE COURT
MAR 0 5 2009 /s/ Jan Horbaly
Date Jan Horbaly
Clerk FILED
U.S. COURT OF APPEALS F
THE FEDERAL CIRCUIT OR
cc: John D. Miller
Jeanne E. Davidson, Esq.
Judge, CAVC
Clerk, CAVC
s17
MAR 0 5 2009
MN
CLERK
Misc. 890 2

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