NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit RICHARD A. MCGEE, Petition,er, vi - DEPARTMENT OF THE AIR FORCE, Resp0nden,t.

2009-3263 Petition for review of the Merit Systems Protection B0ard in CHO752080403-l-1.

ON MOTION ORDER Upon consideration of Richard A. McGee’s motion for leave to file his brief out of time, IT ls ORDERED THAT: (1) The motion is granted (2) The respondent should calculate its brief due date from the date of filing of this order.

MCGEE V. AIR FORCE SEP 2 1 2010 Date o ccc Lawrence J. Fle1ning, Esq.

Leslie Cayer Ohta, Esq. s20 F0R THE CoURT /sf J an H0rbaly J an Horb aly .

Clerk "as22E“§'§E.l"§n§~¢'@r°“ SEP 21 3919 JAN HORBALY CLERK