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475 F. App'x 341

In re Howard

U.S. Courts of Appeals

Decided August 14, 2012

U.S. Courts of Appeals · decided 2012-08-14

Cited by 11 later decisions — most recently April 2017

Applies 28 U.S.C. § 2412

Good law ✅— No negative treatment on recordhow we know

Decided 2012-08-14

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¶1ON PETITION

PER CURIAM.

¶2ORDER

¶3Sherman Howard submits a petition for a writ of mandamus directing the Merit Systems Protection Board (MSPB) to comply with this court’s July 6, 2011 remand order in Howard v. Department of the Air Force, Appeal No.2010-3177, and for an award of attorney fees and costs associated with filing the petition under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The MSPB responds. Howard replies.

¶4On April 26, 2012, the MSPB issued an Opinion and Order in Howard’s appeal, ordering the Department of the Air Force to, inter alia, cancel his removal and pay him back pay, interest, and other benefits due.

¶5Howard has not shown entitlement to EAJA fees and costs related to this petition.

¶6Accordingly,

¶7It Is Ordered That:

¶8(1) The petition for writ of mandamus is denied as moot.

¶9(2) The request for attorney fees and costs incurred in association with this petition is denied.

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