This morning, the Federal Circuit released two precedential opinions and four nonprecedential orders. Of the nonprecedential opinions, one comes in a government employment case on appeal from the Eastern District of Virginia, and the other comes in a veterans case on appeal form the Court of Appeals for Veterans Claims. Of the nonprecedential orders, two of the orders deny petitions for writs of mandamus and the other two transfer appeals. Here are the introductions to the opinions and orders.
Behnamian v. Stewart (Nonprecedential)
Appellant Shahriar Behnamian appeals from a decision of the United States District Court for the Eastern District of Virginia, Behnamian v. Hirshfeld, No. 21-cv-1043-RDA-IDD, 2022 WL 1227996 (E.D. Va. Apr. 26, 2022) (“Decision”), appeal transferred sub nom. Behnamian v. Vidal, No. 22-1581, 2023 WL 8170728 (4th Cir. Nov. 6, 2023). For the reasons below, we affirm.
Philippeaux v. Collins (Nonprecedential)
Eddy J. Philippeaux appeals from a decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying his petition for a writ of mandamus in Philippeaux v. McDonough, No. 23-6313, 2023 WL 8191170 (Vet. App. Nov. 28, 2023) (“Decision”). We dismiss for lack of jurisdiction.
In re Micron Technology Inc. (Nonprecedential Order)
Micron Technology Inc. and Micron Consumer Products Group, LLC (collectively, “Micron”) petition for a writ of mandamus directing the United States District Court for the Northern District of California to reverse its discovery order requiring Micron to produce in paper format 73 pages of what it characterizes as highly confidential source code. Yangtze Memory Technologies Company, Ltd. (“YMTC”) and Yangtze Memory Technologies, Inc. (collectively, “respondents”) oppose. We deny the petition.
In re Schofield (Nonprecedential Order)
Preston L. Schofield petitions for a writ of mandamus and moves for various relief, including to “certif[y] controlling questions of law regarding [his] discovery issue.” ECF No. 9 at 1.
Knight v. Office of Personnel Management (Nonprecedential Order)
The Office of Personnel Management moves to dismiss or transfer. Phyllis M. Knight opposes, and OPM moves unopposed to reply out of time. Ms. Knight separately moves for leave to proceed in forma pauperis and to reform the caption.
Shakur v. Merit Systems Protections Board (Nonprecedential Order)
Malik Shakur petitions this court to review the Merit Systems Protection Board’s dismissal of his removal appeal and rejection of his claims of discrimination. Because Mr. Shakur’s submissions here indicated he continues to pursue claims of racial discrimination (among others) that he raised before the Board, the court directed the parties to show cause. In response, the Board urgers transfer. Mr. Shakur has not responded to the show cause order but moves to reform the caption and for summary reversal.