Mark W. Breeden v. Anthony J. Principi

I concur in the dismissal for lack of jurisdiction of the instant appeal but write separately to express my view that, under the present posture of this matter, the appellant could not obtain relief even if the Court were to construe his pleadings as a petition for writ of mandamus. See Cox v. West, 149 F.3d 1360, 1363 (Fed.Cir.1998) (Court has authority to issue extraordinary writs in aid of its jurisdiction pursuant to All Writs Act (AWA), 28 U.S.C. § 1651(a)). Although the Court might entertain such a petition in an appropriate case, it does not appear that this appellant has satisfied…