Case: 12-3186 Document: 8 Page: 1 Filed: 09/27/2012

NOTE: This order is nonprecedential.

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LIESCHEN L. ROWE, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.

2012-3186

Petition for review of the Merit Systems Protection Board in case no. CH0752100744-B-1.

ON MOTION

ORDER The petitioner submitted a USERRA Notification Form on August 22, 2012 requesting a waiver of the payment of fees for his appeal. In the court's September 10, 2012 order, this court noted that "Based upon our review, it does not appear that the underlying case in- cluded a USERRA claim", and ordered Rowe to either pay the docketing fee within 14 days or submit a motion for leave to proceed in forma pauperis. The docketing fee has Case: 12-3186 Document: 8 Page: 2 Filed: 09/27/2012

LIESCHEN ROWE V. ARMY 2

not been paid nor has a motion for leave to proceed in forma pauperis been filed. Upon consideration thereof, IT Is ORDERED THAT: This appeal is dismissed for failure to prosecute. Any pending motions are denied as moot. FOR THE COURT

SEP 2 12012 /s/ Jan Horbaly Date Jan Horbaly Clerk cc: John A. Tacker, Esq. Jane W. Vanneman, Esq. s21 Issued As A Mandate: _ _S_E_P_2_1_·_20_12 _

u.s.~~EALSFOR THE FEDERAL CIRCUIT SEP 272012 JANHORBALY CLERK