Background
Kim A. Hovgaard petitioned for a writ of mandamus directing the U.S. Court of Appeals for Veterans Claims to transmit his notice of appeal and fee-waiver request to the Federal Circuit. While the mandamus petition was pending, the Veterans Court transmitted the notice, and the Federal Circuit docketed the resulting appeal as No. 2026-2197.
The Secretary of Veterans Affairs moved for summary affirmance in the appeal. Hovgaard sought leave to proceed in forma pauperis in both the mandamus proceeding and the appeal. He also marked his filing “Protect Under Seal,” but offered no basis for sealing the entire filing.
The Court’s Holding
The Federal Circuit denied the mandamus petition. Because the Veterans Court had already transmitted Hovgaard’s notice of appeal, he could not satisfy the requirements for the extraordinary remedy of mandamus, including the absence of another adequate means of relief, a clear and indisputable right to relief, and the writ’s appropriateness under the circumstances.
The court granted Hovgaard’s motions to proceed in forma pauperis and denied the Secretary’s motion for summary affirmance in favor of having the parties address the issues in their briefs. It ordered Hovgaard to file his opening brief within 60 days. The court declined to seal the entire filing because Hovgaard had not overcome the strong presumption of public access, but it sealed his financial statement.
Key Takeaways
- Mandamus was unavailable after the Veterans Court transmitted the notice of appeal that Hovgaard had sought to compel.
- The related appeal will proceed through party briefing rather than summary affirmance.
- A blanket request to seal an appellate filing requires justification; the court sealed only Hovgaard’s financial statement.
Why It Matters
The nonprecedential order illustrates that intervening action providing the requested relief can defeat a mandamus petition. It also confirms that denial of mandamus did not terminate Hovgaard’s separately docketed appeal, in which he may present his arguments through ordinary briefing while proceeding in forma pauperis.