Case: 22-102 Document: 12 Page: 1 Filed: 12/07/2021
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
In re: VINODH RAGHUBIR,
Petitioner
______________________
2022-102
______________________
On Petition for Writ of Mandamus to the United States
Court of Federal Claims in No. 1:20-cv-00388-EGB, Senior
Judge Eric G. Bruggink.
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ON PETITION AND MOTION
______________________
PER CURIAM.
ORDER
Vinodh Raghubir petitions this court for writ of man-
damus. The United States moves for summary dismissal.
Mr. Raghubir moves to strike the United States’ motion
and also moves for leave to proceed in forma pauperis.
On August 28, 2020, the United States Court of Federal
Claims dismissed Mr. Raghubir’s complaint for lack of ju-
risdiction. Mr. Raghubir sought this court’s review. On
December 22, 2020, this court dismissed his appeal as friv-
olous. In re Raghubir, 831 F. App’x 957, 958 (Fed. Cir.
2020). On September 13, 2021, the Court of Federal Claims
received from Mr. Raghubir a submission entitled
Case: 22-102 Document: 12 Page: 2 Filed: 12/07/2021
2 IN RE: RAGHUBIR
“Demand/Motion for Reinstatement.” On September 20,
2021, the Court of Federal Claims issued an order notifying
Mr. Raghubir that his submission would not be docketed
because his case was over.
Mr. Raghubir’s petition argues that the Court of Fed-
eral Claims’ September 20, 2021 order “violat[ed] federal
law and rules of procedure,” which “resulted in vindictive
proceedings.” Pet. at 2 (capitalization omitted). But he has
not met the high standard for mandamus relief because,
among other things, he has not shown a “clear and indis-
putable,” right to having his submission, filed almost a year
after his case was over, considered by the trial court. Will
v. Calvert Fire Ins., 437 U.S. 655, 665–66 (1978) (internal
quotation marks omitted).
Accordingly,
IT IS ORDERED THAT:
(1) The petition is denied.
(2) All pending motions are denied as moot.
FOR THE COURT
December 07, 2021 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
s28