NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-3306 CHARLES G. MORGAN, Petitioner, v. DEPARTMENT OF ENERGY, Respondent.

Petition for review of the Merit Systems Protection Board in SF1221020082-M-3.

ON MOTION Before PROST, Circuit Judge.

ORDER The Department of Energy moves without opposition for a 45-day extension of time, until March 11, 2009, to file its brief.

Upon consideration thereof, IT IS ORDERED THAT: The motion is granted.

FOR THE COURT

JAN 3 0 2009 /s/ Jan Horbalv Date Jan Horbaly Clerk FILED us. COURT OF APPEALS FOR THE FEDERAL CIRCUIT

cc: Richard Segerblorm Esq. JAN 3 0 2009 Jane W. Vanneman, Esq.

JAN HORBALY s20 CLERK