in Re Rashid El Malik v. Holland, 346 U.S. 379, 383 1953 "[I]t is established that the extraordinary writs…

# NOTE: This order is nonprecedential.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

IN RE RASHID EL MALIK,
Petitioner.

2010-M937

On Petition for Writ of Mandamus to the United
States Court of Appeals for Veterans Claims.

## PETITION FOR WRIT OF MANDAMUS

Before RADER, FRIEDMAN, and GAJARSA, Circuit Judges.
PER CURIAM.

## ORDER

Rashid El Malik seeks a writ of mandamus to direct
the United States Court of Appeals for Veterans Claims to
compel the Board of Veteran's Appeals to increase his
disability rating award.

El Malik has filed multiple writs of mandamus at the
Court of Appeals for Veterans Claims seeking to compel
Board action. Those petitions have all been denied, some
on the ground that El Malik's frequent filings of
mandamus petitions have increased the time necessary to
develop and process his claims. He also has several

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claims currently pending before the Board. Mandamus is
not a substitute for proper appeal and must be denied
when the remedy sought is available after entry of a final
Board decision, appeal to the Court of Appeals for
Veterans Claims, or appeal to this court. See Bankers Life
& Cas. Co. v. Holland, 346 U.S. 379, 383 (1953) ("[I]t is
established that the extraordinary writs cannot be used
as substitutes for appeals ... even though hardship may
result from delay and perhaps unnecessary trial"). El
Malik could have appealed from the Court of Appeals for
Veterans Claims decision denying his most recent petition
at that court but instead filed this petition in this court.
Because El Malik has not shown that the relief he seeks is
unavailable to him through the traditional appeals
process, we deny his petition.

Accordingly,
IT IS ORDERED THAT:
The petition for a writ of mandamus is denied.

FOR THE COURT

MAY 1 9 2010

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Rashid El Malik
David D'Alessandris, Esq.
Clerk, United States Court of Appeals for Veterans
Claims

s19

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 1 9 2010

JAN HORBALY
CLERK