This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. In the opinion, the court affirmed a judgment of the Merit Systems Protection Board. In the nonprecedential orders, the Federal Circuit denied a petition for a writ of mandamus against Court of Appeals for Veterans Claims and dismissed two appeals. Here is the introduction to the opinion, text from the first order, and links to the dismissals.
McHugh v. Department of Veterans Affairs (Nonprecedential)
James McHugh appeals the final decision of the Merit Systems Protection Board (“Board”), which concluded that he failed to establish a prima facie case of whistleblower retaliation by the Department of Veterans Affairs (“Agency”) and denied his Individual Right of Action (“IRA”) bifurcated appeal that requested corrective action under the Whistleblower Protection Act of 1989 and theWhistleblower Protection Enhancement Act of 2012 (collectively “WPA”). We affirm.
In re Douse (Nonprecedential Order)
On February 17, 2023, Mr. Douse filed a timely notice of appeal at the Veterans Court from the February 15, 2023, sanctions decision. That appeal has been docketed at this court as Appeal No. 2023-1567. On March 7, 2023, Mr. Douse filed a mandamus petition at this court (docketed as Appeal No. 2023-124), challenging adjudication of the remanded claims and seeking compensation for sciatic nerve paralysis and special monthly compensation. Mandamus is an extraordinary remedy . . . . Mr. Douse has not met that standard. . . .
Accordingly, IT IS ORDERED THAT:
(1) The petition for a writ of mandamus is denied.
(2) All motions in both cases are denied without prejudice to raising arguments on the merits in the briefing in Appeal No. 2023-1567.
(3) In Appeal No. 2023-1567, Mr. Douse is directed to file a corrected Federal Circuit Form 8B (attached), remedying the above-identified deficiencies, within 30 days of the date of filing of this order.
(4) Mr. Douse’s opening brief in Appeal No. 2023-1567 is due no later than 60 days from the date of filing of this order.