NOTE: This order is nonprecedentia1.

United States Court of AppeaIs for the FederaI Circuit JOHN-PIERRE BANEY, Petiti0ner, V. MERIT SYSTEMS PROTECTION BOARD, Responclent, and DEPARTMENT OF JUSTICE, Interr)en.0r.

2010-3097 Petition for review of the Merit Systems Protection Board in case no. DA1221090-479-W-1.

ON MOTION ORDER John-Pierre Baney moves for reconsideration of the court’s September 10, 2010 order denying his motion for leave to proceed in forma pauperis and submits a a Uni- formed Services E1nployment and Reemp1oyment Rights Act (USERRA) notification form indicating that his case BANEY V. MSPB 2 before the Merit Systems Protecti0n Board involved USERRA claims and thus he is exempt from paying the filing fee.

Pursuant to 38 U.S.C. § 4323(h), if a petitioner claims rights under USERRA, the filing fee is waived. In this case, Baney claimed rights under USERRA before the Board. Thus, Baney is exempt from paying the fee.

Accordingly, lT lS ORDERED THATI (1) The motion for reconsideration is granted. Baney is exempt from paying the filing fee. s (2) The briefs of the Board and the Department of Justice are due within 21 days of the date of filing of this order.

FoR THE COURT 0CT all mm /s/ J an Horbaly Date J an Horbaly Clerk F|LED u.s. cover oF APPEALs ron . THE cc: John-P1erre Baney FEoERAL C'RCU'T Stephanie Conley, Esq. OCT 04 Z[]1[] Courtney S. McNamara, Esq. s17 .lAN HORBALY CLERK