NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ JON C. MESSENGER, Petitioner.

v. DEPARTMENT OF LABOR, Respondent. ____________________ 2012-3016 ______________________ Petition for review of the Merit Systems Protection Board in No. DC352C080748-A-1. ______________________ JUDGMENT ______________________ PETER B. BROIDA, of Arlington, Virginia, argued for petitioner.

RENEE GERBER, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and HAROLD D.

LESTER, JR., Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (LINN, MOORE, and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

June 13, 2012 /s/ Jan Horbaly___________ Date Jan Horbaly Clerk