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125 F. App'x 1002

In re Pikulin

U.S. Courts of Appeals

Decided March 31, 2005

U.S. Courts of Appeals · decided 2005-03-31

Cited by 1 later decisions — most recently January 2011

Applies 28 U.S.C. § 1651

Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Mallard v. United States Dist. Court for Southern Dist. of Iowa

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Decided 2005-03-31

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¶1ORDER

PER CURIAM.

¶2William Pikulin and Savely Petreykov petition for writs of mandamus seeking various relief regarding their cases before the United States Court of Federal Claims.

¶3We note that the Court of Federal Claims recently dismissed the underlying cases for lack of subject matter jurisdiction. Because the petitioners can, if appropriate, seek review of pertinent issues by ordinary appeal, mandamus relief is not available. Moses H. Cone Memorial Hosp. v. Mercury Const. Corp., 460 U.S. 1, 8 n. 6, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983) (“a court of appeals has no occasion to engage in extraordinary review by mandamus ‘in aid of [its] jurisdiction],’ 28 U.S.C. § 1651, when it can exercise the same review by a contemporaneous ordinary appeal.”); Mallard v. U.S. Dist. Ct. for Southern Dist. of Iowa, 490 U.S. 296, 309, 109 S.Ct. 1814, 104 L.Ed.2d 318 (1989) (“To ensure that mandamus remains an extraordinary remedy, petitioners must show that they lack adequate alternative means to obtain the relief they seek”).

¶4Accordingly,

¶5IT IS ORDERED THAT:

¶6The petitions are denied.

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