Federal Circuit disposition — 21-189

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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In re: FRANKLIN C. SMITH,
Petitioner
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2021-189
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On Petition for Writ of Mandamus to the United States
Court of Appeals for the Federal Circuit.
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ON PETITION
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P ER CURIAM .
O R D E R
Franklin C. Smith petitions for writ of mandamus that
appears to ask the court to direct public officials, including
the Speaker of the United States House of Representatives,
“to perform the legal duties, or refrain from abusing their
powers, which it has or refused to do.” ECF No. 2 at 1. Mr.
Smith also files a submission entitled “cease and desist or-
der” seeking to “immediately stop” the former Acting
United States Attorney for the District of Columbia “from
prosecuting U.S. Citizens at the Capitol on or about (Janu-
ary 6th[,] 2021).” ECF No. 7 at 1.
The All Writs Act provides that the federal courts “may
issue all writs necessary or appropriate in aid of their
Case: 21-189 Document: 10 Page: 1 Filed: 11/23/2021

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IN RE: SMITH 2
respective jurisdictions and agreeable to the usages and
principles of law.” 28 U.S.C. § 1651(a). As that statute
makes clear, however, the Act is not itself a grant of juris-
diction. See Clinton v. Goldsmith, 526 U.S. 529, 534–35
(1999). This court does not have original jurisdiction over
Mr. Smith’s requests for relief. Nor do his submissions ref-
erence any agency or trial court action that would eventu-
ally be subject to this court’s limited jurisdiction on direct
appeal under 28 U.S.C. § 1295 that would give us authority
to consider a mandamus request. We therefore dismiss.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition is dismissed.
(2) All pending motions are denied as moot.
November 23, 2021
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
s32
Case: 21-189 Document: 10 Page: 2 Filed: 11/23/2021

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