In re: JEREMIAH W. BALIK v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380-81 2004 . Mr. Balik has not met that…

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
In re: JEREMIAH W. BALIK,
Petitioner
______________________
2021-186
______________________
On Petition for Writ of Mandamus to the United States
Court of Appeals for Veterans Claims.
______________________
ON PETITION AND ON MOTION
______________________
P ER CURIAM .
O R D E R
Jeremiah W. Balik has filed a submission entitled
“Preemptory Appeal [and] Motion for Writ of Mandamus,”
in which he asks the court to “compel [the] Board of Veter-
ans’ Appeals . . . to render a timely decision.” ECF No. 2 at
3. He also files a motion for leave to proceed in forma pau-
peris (IFP) and a motion for an extension to file IFP and
notice of what he characterizes as a related district court
case.
To obtain mandamus, a petitioner must show (1) that
there are no adequate alternative legal channels through
which the petitioner may obtain that relief; (2) that he has
a clear legal right to relief; and (3) that the grant of
Case: 21-186 Document: 20 Page: 1 Filed: 11/17/2021

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IN RE: BALIK 2
mandamus relief is appropriate under the circumstances.
See Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380–81
(2004).
Mr. Balik has not met that standard here. To the ex-
tent that Mr. Balik believes that the Board has unreason-
ably delayed the processing of a pending claim, he can file
a petition for a writ of mandamus at the United States
Court of Appeals for Veterans Claims to compel the Board
to take appropriate action. See Martin v. O’Rourke, 891
F.3d 1338, 1344 (Fed. Cir. 2018). This court reviews those
decisions on appeal from the Veterans Court. Mr. Balik
therefore has an adequate alternative channel to obtain
the relief that he appears to seek from this court.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition is denied.
(2) All pending motions are denied as moot.
November 17, 2021
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
s24
Case: 21-186 Document: 20 Page: 2 Filed: 11/17/2021

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