Narrative Opinion Summary
John D. Miller filed a petition for a writ of mandamus to compel the United States Court of Appeals for Veterans Claims to forward his notice of appeal regarding the judgment in Miller v. DVA, No. 06-0933, which was entered on July 30, 2008. Miller submitted his notice of appeal on September 29, 2008, and the mandate was issued on October 7, 2008. After the filing of his mandamus petition, this court received and docketed Miller’s appeal as appeal no. 2009-7027. Since Miller obtained the relief he requested in his mandamus petition, the petition is deemed moot. Consequently, the court ordered that the petition is denied as moot.
Legal Issues Addressed
Mootness Doctrine in Writ of Mandamussubscribe to see similar legal issues
Application: The court denied the writ of mandamus petition because the requested relief was already granted, rendering the issue moot.
Reasoning: Since Miller obtained the relief he requested in his mandamus petition, the petition is deemed moot.
Procedural Handling of Appealssubscribe to see similar legal issues
Application: The court addressed the procedural aspects by docketing the appeal after the filing of the mandamus petition, thus granting the relief sought.
Reasoning: After the filing of his mandamus petition, this court received and docketed Miller’s appeal as appeal no. 2009-7027.