NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-3074 SHAVONNE L. MODEST-COLEMAN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

Petition for review of the Merit Systems Protection Board in CH0752080355-I-1.

ON MOTION Before DYK, Circuit Judge.

ORDER The Merit Systems Protection Board moves for leave to file its informal brief out of time.

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

FOR THE COURT

FEB 2 4 2009 /s/ Jan Horbaly Date Jan Horbaly FILED Clerk U.S. COURT FOR THE FEDERAL CIRCUIT cc: Shavonne L. Modest-Coleman Joyce G. Friedman, Esq. s17 FEB 2'1 2009 JAN HORBALY CLERK