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In re Mathis

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: August 25, 1992.

IN RE DELBERT V. MATHIS, PETITIONER.

Before Archer Circuit Judge, Friedman, Senior Circuit Judge, and Michel, Circuit Judge.

Michel

ON MOTION FOR RECONSIDERATION

MICHEL, Circuit Judge.

Order

Delbert V. Mathis moves for reconsideration of the court's May 8, 1992 order denying his Rule 60(b) motion, or in the alternative, denying his petition for writ of mandamus.*fn*

In the court's May 8, 1992 order, we stated that Mathis was not entitled to relief from a 1975 Court of Claims' judgment pursuant to RUSCC 60(b). We reiterate that Mathis did not show any entitlement thereto. We point out, in particular, that the 17-year delay was unreasonable. With regard to the denial of the mandamus petition, Mathis failed to even allege that any duty cognizable by mandamus existed.

Accordingly,

IT IS ORDERED THAT:

The motion for reconsideration is denied.

FOR THE COURT

Paul R. Michel

Circuit Judge

25 Aug 92

Date


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