in Re Lonnie Ray Wickliffe v. U.S. Dist. Court, 490 U.S. 296, 309 1989

# NOTE: This order is nonprecedential.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

IN RE LONNIE RAY WICKLIFFE,
Petitioner.

Miscellaneous Docket No. 104

On Petition for Writ of Mandamus to the United
States Court of Federal Claims in case no. 11-CV-527,
Judge Margaret M. Sweeney.

## ON PETITION

Before BRYSON, SCHALL, and PROST, Circuit Judges.
PER CURIAM.

## ORDER

Lonnie Ray Wickliffe petitions for a writ of mandamus
to direct the United States Court of Federal Claims to
provide him "with a true, complete, and accurate copy and
answers to the served[ ] request for Calls and Discovery."
Wickliffe also submits an "alternative writ" to direct the
United States Court of Appeals for the District of Colum-
bia Circuit to provide him with copies of "the Record of
Proceedings filed in the district court, case no. 1:96-cv-
00525."

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Wickliffe's action in the Court of Federal Claims was
only recently filed, and there is a motion pending before
that court to dismiss Wickliffe's complaint. A party
seeking a writ bears the burden of proving that it has no
other means of obtaining the relief desired, Mallard v.
U.S. Dist. Court, 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).
To the extent that Wickliffe seeks from us an order direct-
ing the Court of Federal Claims to take any action con-
cerning discovery, etc., Wickliffe has not shown that he
has no other means of obtaining the relief desired, be-
cause he has not shown that he cannot request the relief
on appeal from any final judgment. To the extent that
Wickliffe seeks from us an order directing the District of
Columbia Circuit to take an action, we do not have juris-
diction to review that court's decisions and thus we dis-
miss his "alternative writ."
\-

Accordingly,
IT IS ORDERED THAT:

The petition for a writ of mandamus is denied. The
"alternative writ" is dismissed.

FOR THE COURT

NOV 14 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Lonnie Wickliffe
Jeanne E. Davidson, Esq.
s8

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
NOV 14 2011

JAN HORBALY
CLERK