In Re Edward Larry Dodson Petitioner, 42 F.3d 1410 (Fed. Cir. 1994)

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U.S. Court of Appeals for the Federal Circuit - 42 F.3d 1410 (Fed. Cir. 1994)

Dec. 2, 1994


Before ARCHER, Chief Judge.


ON PETITION FOR WRIT OF MANDAMUS

ORDER

Edward Larry Dodson petitions for a writ of mandamus to direct the United States District Court for the Middle District of Florida to rule on Dodson's pending motions that seek to compel the Department of the Army to comply with the dictates of Dodson v. U.S. Gov't, Dep't of the Army, 988 F.2d 1199 (Fed. Cir. 1993). The Department of the Army opposes.

The Army informs us in its response that the district court ruled on Dodson's pending motions on October 28, 1994. Thus, Dodson may seek review of the issue of whether the district court has complied with this court's mandate during the course of an ordinary appeal. Moses H. Cone Hospital v. Mercury Constr. Corp., 460 U.S. 1, 8 n. 6 (1983) (a court of appeals has no occasion to engage in extraordinary review by mandamus when it can exercise the same review by a contemporaneous ordinary appeal).

Accordingly,

IT IS ORDERED THAT:

Dodson's petition is moot.