In re Hornback

Type

Opinion of the Court

Author

Alvin Anthony Schall

Filed

July 2, 2002

Case

In re Hornback

Case status

Decided

The first passage of the document, as extracted by the source provider.

*393 ORDER SCHALL, Circuit Judge. Alton B. Hornback petitions for a writ of mandamus to direct the Court of Federal Claims to lift its stay of proceedings in certain cases pending a determination by this court in Hornback’s recent related appeal. Hornback filed several complaints in the Court of Federal Claims. Hornback moved to stay proceedings in the related cases pending a decision by the Court of Federal Claims in case no. 99-38C. The United States did not oppose that motion and the Court of Federal Claims ordered the related cases stayed pending a decision in case no. 99-38C. Thereafter, the Court of Federal Claims issued its decision in ease no. 99-38C and Hornback appealed to this court, 02-5109. In the Court of Federal Claims, Hornback moved to lift the stay in certain of the related cases. The Court of Federal Claims denied Horn-back’s motion, stating that it wished to continue the stay of proceedings pending this court’s disposition of Hornback’s appeal. Hornback now petitions this court to direct the Court of Federal Claims to lift the stay of proceedings in certain cases. The remedy of mandamus is available only in extraordinary situations to correct a clear abuse of di…

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