Federal Circuit disposition — 24-128

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
In Re HEATHER CLARK,
Petitioner
______________________
2024-128
______________________
On Petition for Writ of Mandamus to the Merit Sys-
tems Protection Board in No. PH-1221-24-0032-W-1.
______________________
ON PETITION
______________________
Before STOLL, CUNNINGHAM, and STARK, Circuit Judges.
PER CURIAM.
O R D E R
Heather Clark files a petition for a writ of mandamus
requesting the court to direct the Merit Systems Protection
Board to issue a final decision.
Ms. Clark filed a whistleblower individual right of ac-
tion appeal with the Board on October 17, 2023. On Feb-
ruary 13, 2024, the administrative judge issued an order
denying Ms. Clark’s motion to dismiss based on alleged
misconduct and directing the parties to address whether
her resignation was voluntary. Ms. Clark then filed a pe-
tition for review of that decision with this court, which was
dismissed as premature, having been filed before any final
Case: 24-128 Document: 6 Page: 1 Filed: 06/25/2024

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IN RE CLARK 2
decision from the Board. Ms. Clark now seeks a writ of
mandamus to compel entry of a final decision from the
Board.
Mandamus is an extraordinary remedy that is only
available where the petitioner shows: (1) a clear and indis-
putable right to relief; (2) no adequate alternative avenue
for relief; and (3) that mandamus is appropriate under the
circumstances. Cheney v. U.S. Dist. Ct. for D.C., 542 U.S.
367, 380–81 (2004). Ms. Clark has not shown that any de-
lay in her Board appeal was contrary to law or otherwise
“so extensive [as to be] immoderate or indefinite.” Groves
v. McDonough, 34 F.4th 1074, 1080 (Fed. Cir. 2022)
(cleaned up); see 5 U.S.C. § 706(1); Telecomms. Rsch. & Ac-
tion Ctr. v. FCC, 750 F.2d 70 (D.C. Cir. 1984). Thus, we
deny mandamus relief.
Accordingly,
IT IS ORDERED THAT:
The petition is denied.
June 25, 2024
Date
FOR THE COURT
Case: 24-128 Document: 6 Page: 2 Filed: 06/25/2024

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