NOTE: This order is nonprecedential. flHniteh étates @1111 of appeals far the jfeheral Qtirwit

TIMOTHY J. TIERNEY, Petitioner, V. DEPARTMENT OF JUSTICE, Respondent.

2011—3159 .

Petition for review of the Merit Systems Protection Board in case no. DA3443060659-I-2.

ON MOTION ORDER Timothy J. Tierney moves Without opposition to stay proceedings in this appeal pending the court’s disposition of Duncan v. Dep’t of the Air Force, 2011-3053 and for an extension of time to file his initial brief.

Tierney asserts that this case and Duncan both in- volve evidentiary issues related the proper administration

TIERNEY V. JUSTICE 2 of military leave under the Uniformed Services Employ- ment and Reemployment Rights Act of 1994.

Upon consideration thereof, IT IS ORDERED THAT: (1) The motion to stay is granted. Tierney is directed to inform the court within 30 days of the disposition of Duncan how he believes this appeal should proceed. The Department of Justice may also respond within that time. (2) A copy of this order shall be transmitted to the merits panel assigned to hear Duncan. (3) The motion for an extension of time is denied as moot.

FOR THE COURT U 9 Isl Jan Horbaly Date Jan Horbaly Clerk cc: Andrew L. McNamara, Esq.

Michael P. Goodman, Esq. FILED 9.3. OOH-RT OF APPEA FOR THE FEDERAL CanlflsiT DEC 09 2011 JAN HQRBALY CLERK