In re Donohoe

Summary

The Federal Circuit dismissed Philip D. Donohoe’s petition for a writ of mandamus seeking to prevent the Merit Systems Protection Board from issuing remand orders under Butterbaugh v. Department of Justice. The court held that the All Writs Act did not authorize mandamus because Donohoe had not initiated a proceeding before the Board and the requested relief was based only on prospective jurisdiction. All other requests for relief were denied.

Holdings

1. The All Writs Act does not itself confer jurisdiction and cannot authorize the Federal Circuit to issue mandamus in aid of merely prospective jurisdiction. Because Donohoe had not initiated a proceeding before the Board and was not seeking review of a final Board order or decision, the court lacked authority to issue the requested writ.
2. Donohoe was not entitled to declaratory or other relief because his petition did not present a justiciable dispute within the court's jurisdiction.

Questions Presented

1. Whether the Federal Circuit had jurisdiction under the All Writs Act to issue a writ of mandamus concerning prospective Merit Systems Protection Board proceedings when the petitioner had not initiated or participated in a Board proceeding.
2. Whether Donohoe was entitled to declaratory or other relief challenging the Board's issuance of remand orders under Butterbaugh.

Disposition

dismissed