Federal Circuit disposition — 2011-m993-9-7-11-1-pdf

# NOTE: This order is nonprecedential.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

IN RE GENE S. GROVES,
Petitioner.

Miscellaneous Docket No. 993

On Petition for Writ of Mandamus to the United
States Court of Appeals for Veterans Claims in case no.
06-1652, Judge William P. Greene, Jr.

ON PETITION FOR WRIT OF MANDAMUS

Before LOURIE, MOORE, and REYNA, Circuit Judges.
PER CURIAM.

## ORDER

Gene S. Groves petitions for a writ of mandamus to
direct the United States Court of Appeals for Veterans
Claims ("Veterans Court") to rule on his motion for recon-
sideration.

Groves had appealed a Veterans Court determination
that there was no clear and unmistakable error in a
September 1972 regional office decision, among other

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things. The Secretary of Veterans Affairs ("Secretary")
filed a motion to remand, arguing that Groves's appeal
was premature, because the Veterans Court had failed to
rule on Groves's motion for reconsideration. We granted
the Secretary's motion, stating:

We anticipate that the Court of Appeals for
Veterans Claims will promptly rule on the
pending motion and enter judgment when
appropriate. When judgment is entered by
that court, Groves may again appeal to seek
review of any issue within this court's juris-
diction for which there is a final adverse de-
cision.

After waiting eight months following our order,
Groves filed a petition for a writ of mandamus compelling
the Veterans Court to follow our "direction" to "promptly
rule on the pending motion and enter judgment."

On July 26, 2011, the Veterans Court denied Groves's
motion for reconsideration. Groves asked that the Veter-
ans Court issue a decision, and it now has. Accordingly,
mandamus relief is not proper. As stated in our previous
order, Groves's other arguments concerning the Veterans
Court's action can be raised by appeal from the now-final
Veterans Court decision.

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Accordingly,
IT IS ORDERED THAT:

(1) The petition for a writ of mandamus is denied.

(2) All pending motions are moot.

FOR THE COURT

SEP 0 7 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Gene S. Groves
Jeanne E. Davidson, Esq.
Clerk, United States Court of Appeals for Veterans
Claims

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
SEP 0 7 2011

JAN HORBALY
CLERK