Federal Circuit disposition — 2009-m891-02-06-09-1-pdf

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
Miscellaneous Docket No. 891
IN RE CAROL A. MURPHY,
Petitioner.
On Writ of Mandamus from the United States Court of Federal Claims in case no. 08-
CV-343, Judge Lynn J. Bush.
ON PETITION FOR WRIT OF MANDAMUS
Before GAJARSA, LINN, and PROST, Circuit Judges.
PER CURIAM.
ORDER
Carol A. Murphy petitions for a writ of mandamus to compel the United States
Court of Federal Claims to hear her case and moves for leave to proceed in forma
pauperis.
On May 9, 2008, Murphy filed a complaint in the United States Court of Federal
Claims alleging that six federal judges violated her due process and constitutional rights
in their rulings in her cases. On May 29, 2008, the court removed her case from the
court and referred it to the court's chief judge for consideration as a complaint of judicial
misconduct. This petition for writ of mandamus followed.
The remedy of mandamus is available only in extraordinary situations to correct a
clear abuse of discretion or usurpation of judicial power. In re Calmer, Inc., 854 F.2d
461, 464 (Fed. Cir. 1988). A party seeking a writ bears the burden of proving that it has
no other means of attaining the relief desired, Mallard v. U.S. Dist. Court for the
Southern Dist. of Iowa, 490 U.S. 296, 309 (1989), and that the right to issuance of the

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writ is "clear and indisputable." Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35
(1980).
Murphy fails to meet her burden of establishing the two requirements for
mandamus. First, we are not persuaded that the Court of Federal Claims erred in
determining that Murphy's civil complaint was actually a complaint of judicial
misconduct. Therefore, Murphy has not shown that her right to a particular result is
clear and indisputable. Allied Chemical, 449 U.S. at 35. Second, because Murphy
could have pursued her dispute through an ordinary appeal, she is unable to
demonstrate that she had no alternative means of obtaining the relief requested.
Accordingly,
IT IS ORDERED THAT:
Murphy's petition is denied.
Murphy's motion to proceed in forma pauperis is denied as moot.
FOR THE COURT
FEB 6 2009 /s/ Jan Horbalv
Jan Horbaly
Clerk
Date FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
cc: Carol A. Murphy
Stephen C. Tosini, Esq. FEB n 6 2009
int
s20
Misc. 891 - 2 -

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