Background
Stacy Evanecko Rodgers had an individual right of action appeal pending before the Merit Systems Protection Board. She petitioned the Federal Circuit for a writ of mandamus, asserting, among other things, that a 120-day statutory adjudication period had expired.
Rodgers asked the court to reassign her case to another administrative law judge, compel action by the Board, and grant relief on the merits. She relied in part on 5 U.S.C. § 7702(a)(1).
The Court’s Holding
The Federal Circuit denied the mandamus petition in a nonprecedential per curiam order. The court held that Rodgers had not established a clear and indisputable right to relief, shown that mandamus was appropriate, or demonstrated that she lacked another adequate means of obtaining relief.
The court rejected Rodgers’s reliance on § 7702(a)(1), explaining that the provision is limited to actions involving discrimination and does not cover individual right of action appeals. It added that the provision, in any event, merely permits a district-court action when no judicially reviewable Board decision has issued within 120 days. Rodgers also failed to show that the Board’s delay was so egregious that mandamus was warranted or that she was clearly entitled to reassignment of the case.
Key Takeaways
- Mandamus is an extraordinary remedy and cannot substitute for the ordinary appeals process.
- The 120-day provision in 5 U.S.C. § 7702(a)(1) does not govern MSPB individual right of action appeals.
- Administrative delay warrants mandamus only in exceptional circumstances, and Rodgers did not show sufficiently egregious delay.
Why It Matters
The order underscores the demanding standard for obtaining mandamus relief while an MSPB proceeding remains pending. A petitioner must do more than identify delay or request faster adjudication; the petitioner must establish a clear entitlement to relief and the absence of an adequate alternative remedy.
It also clarifies that litigants pursuing individual right of action appeals cannot invoke § 7702(a)(1)’s 120-day framework, which applies to matters involving discrimination.