NOTE: This order is nonprecedential.

mniteb ~tate~ QCourt of §ppeaI~ for tbe jfeberaI QCircuit

ROBERT DONNELL DONALDSON, Petitioner,

v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

2012-3106

Petition for review of the Merit Systems Protection Board in consolidated case nos. DC3330110367-1-1, DC4324110475-1-1, and DC3330110637-1-1.

ON MOTION

ORDER

Robert Donnell Donaldson moves to strike respon- dent's brief because the brief "contains assertions that are Factually Incorrect." The Department of Homeland Security moves for leave to file a response and opposes. Donaldson replies. Upon consideration thereof, ROBERT DONALDSON v. DHS 2

IT Is ORDERED THAT:

(1) Donaldson's motion is denied. The court treats Donaldson's motion as his reply brief. Copies of the reply brief and this order shall be transmitted to the merits panel.

(2) The motion for leave to file a response is granted.

FOR THE COURT

AUG 15 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk cc: Robert Donnell Donaldson Joshua E. Kurland, Esq. couJ~~'l~PEALS u.s.THE FEDERAL CIRCUITFOR s26 AUG 15 ZOlZ JANHORBALY CLERK

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