Miscellaneous Docket No. 896 IN RE LAWRENCE v. Wilder, Sr

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
Miscellaneous Docket No. 896
IN RE LAWRENCE V. WILDER, SR.,
Petitioner.
On Writ of Mandamus from the Merit Systems Protection Board in
case nos. PH844E080524-I-1 and PH1221080452-W-1.
ON PETITION FOR WRIT OF MANDAMUS
Before MAYER, SCHALL, and MOORE Circuit Judges.
PER CURIAM.
ORDER
Lawrence V. Wilder, Sr. petitions for a writ of mandamus directing the Merit
Systems Protection Board to appoint counsel, and "notify of rights to appeal
discrimination claims to the EEOC." Wilder further requests that the court remand to the
Board various Board cases.
A party who seeks a writ of mandamus bears the burden of proving that it has no
other means of attaining the relief desired, Mallard v. U.S. Dist. Court for S. Dist. of
Iowa 490 U.S. 296, 309 (1989), and that the right to issuance of the writ is "clear and
indisputable." Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980).
The Board cases which Wilder requests the court remand are not currently
before this court. Therefore, even if a mandamus petition were the correct method for
seeking such relief, which it is not, the court cannot remand.
With respect to Wilder's request for counsel, Wilder cites the Board's decision in
French v. Office of Pers. Mqmt., 37 M.S.P.R. 496 (1988). In French based on this
court's decision in French v. Office of Pers. Mqmt., 810 F.2d 1118 (1987), the Board

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determined that in certain cases involving mentally incompetent litigants, it was
appropriate for the Board to request pro bono representation for an appellant. The
Board further noted, however, that it lacked authority to appoint counsel. See French
37 M.S.P.R. at 498 ("Neither the Board nor OPM has authority to appoint a paid
conservator or counsel for Mr. French").
In the Board decision at issue in this petition, the administrative judge (AJ) cited
French and provided Wilder with a list of attorneys and organizations to consult
concerning the possibility of obtaining legal assistance. The AJ further dismissed
Wilder's appeal without prejudice until such time as Wilder becomes competent or
obtains representation. Wilder has not shown that either this court's decision or the
Board's decision in French requires more than this. Thus, Wilder has not shown that
the AJ clearly and indisputably erred.
Accordingly,
IT IS ORDERED THAT:
The petition for a writ of mandamus is denied.
FOR THE COURT
APR 3 2009 /s/ Jan Horbalv
Date Jan Horbaly
Clerk ultRaNatattirs"
cc: Lawrence V. Wilder, Sr.
William P. Rayel, Esq.
s17
APR 03 2009
JAN HORB$LY
CLERK
Misc. 896 2

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