in Re Michael Ben Graves v. Daiflon, Inc., 449 U.S. 33, 34 1980 . "The federal courts tradi- tionally have used…

# NOTE: This order is nonprecedential.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

IN RE MICHAEL BEN GRAVES,
Petitioner.

Miscellaneous Docket No. 988

On petition for writ of mandamus to the Merit Sys-
tems Protection Board in case no. SF3330100696-I-1.

IN RE MICHAEL BEN GRAVES,
Petitioner.

Miscellaneous Docket No. 991

On petition for writ of mandamus to the Merit Sys-
tems Protection Board in case nos. SF333009725-I-1,
SF3330090725-B-1, SF-3330090570-I-1,
AND SF3330090570-B-1.

ON PETITION

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<!-- PageHeader="IN RE GRAVES" -->

Before BRYSON, SCHALL, and PROST, Circuit Judges.
PER CURIAM.

## ORDER

In the two above-captioned matters, Michael Ben
Graves petitions for a writ of mandamus to vacate all
"void" orders of the Merit Systems Protection Board and
to provide discovery to Graves.

Mandamus is a drastic remedy reserved for extraor-
dinary situations. See Allied Chemical Corp. v. Daiflon,
Inc., 449 U.S. 33, 34 (1980). "The federal courts tradi-
tionally have used the writ only 'to confine an inferior
court to a lawful exercise of its prescribed jurisdiction or
to compel it to exercise its authority when it is its duty to
do so." Gulfstream Aerospace Corp. v. Mayacamas Corp.,
485 U.S. 271, 289 (1988) (quoting Roche v. Evaporated
Milk Ass'n, 319 U.S. 21, 26 (1943)). The burden is on the
petitioner to establish that his right to issuance of the
writ is clear and indisputable, Allied, 449 U.S. at 35, and
that there is no other adequate remedy to attain the
desired relief. Mallard v. United States District Court,
490 U.S. 296, 309 (1989).

Graves has not shown that he has no other adequate
remedy to attain the desired relief, i.e., he has not shown
that he could not raise issues concerning his requests for
discovery within any timely petition for review to this
court from a final Board decision. Instead, he makes only
general assertions that he was denied discovery. We deny
his petitions for writs of mandamus.

Accordingly,
IT IS ORDERED THAT:
The petitions for writs of mandamus are denied.

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<!-- PageHeader="IN RE GRAVES" -->

FOR THE COURT

NOV 16 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Michael Ben Graves
Daniel B. Volk, Esq.
s8

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
NOV 1 6 2011

JAN HORBALY
CLERK