In Re Wickliffe

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit IN RE LONNIE RAY WICKLIFFE, Petition,er. ' Misce11aneouS D0cket N0. 104 On Petition for Writ of 1\/Iandamus to the United States Court of Federa1 C1aims in case no. _11-CV-527, Judge Margaret M. SWeeney. ON PETITION Before BRYsoN, SoHALL, and PRosT, Circu.-lt Ju,dges. PER CURIAM. 0 R D E R Lonnie Ray Wick1iffe 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 sen/'ed[ ] request for Ca11s and Discovery." Wickliffe also submits an "a1ternative writ" to direct the United States Court of Appea1s for the District of Co1um- bia Circuit to provide him with copies of "the Record of P1'oceedings filed in the district court, case no. 1:96-cv- 00525." IN RE WICKLIFFE 2 Wick1iffe's action in the Court of Federal C1aims was only recently fi1ed, and there is a motion pending before that court to dismiss Wickliffe's c0mplaint. A party seeking a writ bears the burden of proving that it has no other means of obtaining the relief desired, MaZlard v. U.S. Dist. Court, 490 U.S. 296, 309 (1989), and that the right to issuance of the writ is "c1ear and indisputable," Allied Chem. Corp. v. Daiflon,, Inc., 449 U.S. 33, 35 (1980). T0 the extent that Wick1iffe 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 "a1ternative writ." _ Accordingly, IT IS ORDERED THATZ The petition for a writ of mandamus is denied. The "alternative writ" is dismissed FoR THE CoURT 1 4 /s/ J an Horbaly Date J an Horbaly Clerk cc: Lonnie Wick]iffe Jeanne E. Davidson, Esq. ma F||_E[) GOURT 0F PPEALS FOR 33 Tl'IE FEDERAL ClRCUlT NOV 1 4'ZU11 .lANH9RBALY CLERK