NOTE: This order is nonprecedential. United States Court of Appeals
for the Federal Circuit
In Re THERESA GARNER,
Petitioner
2026-122
On Petition for Writ of Mandamus to the United States Court of Federal Claims in No. 1:24-cv-00795-PSH, Judge Philip S. Hadji.
ON PETITION AND MOTION
Before TARANTO, MAYER, and STARK, Circuit Judges.
O R D E R
In December 2025, this court affirmed the judgment of the United States Court of Federal Claims dismissing Theresa Garner’s complaint related to her retirement benefits. She now petitions for a writ of mandamus directing the Office of Personnel Management to take various actions, including correcting records and entitling her to a certain annuity multiplier and credits towards times served. A writ of mandamus is an extraordinary remedy and may only issue if petitioner has shown a clear and indisputable right to relief and that there are no other adequate
22 IN RE GARNER
means to attain the relief desired. See Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380–81 (2004). Ms. Garner has not satisfied either of those requirements here. As we recently informed Ms. Garner, the Merit Systems Protection Board has exclusive review of OPM retirement decisions, Garner v. United States, No. 2025-1398 (Fed. Cir. Dec. 9, 2025) (slip op. at 3). She has not shown that the normal appeals process for such decisions (through the Board and then through this court) is an inadequate remedy. Accordingly, IT IS ORDERED THAT:
(1) The petition for mandamus is denied. (2) All pending motions are denied.
FOR THE COURT
February 13, 2026 Date