In Re THERESA GARNER v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380-81 2004 . Ms. Garner has not satisfied…

NOTE: This order is nonprecedential.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.
PER CURIAM.
O R D E R
In December 2025, this court affirmed the judgment of
the United States Court of Federal Claims dismissing The-
resa Garner’s complaint related to her retirement benefits.
She now petitions for a writ of mandamus directing the Of-
fice of Personnel Management to take various actions, in-
cluding 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 indis-
putable right to relief and that there are no other adequate
Case: 26-122 Document: 17 Page: 1 Filed: 02/13/2026

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IN RE GARNER 2
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 re-
cently 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.
February 13, 2026
Date
FOR THE COURT
Case: 26-122 Document: 17 Page: 2 Filed: 02/13/2026

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