Case: 13-3003 Document: 10 Page: 1 Filed: 11/28/2012

NOTE: This order is nonprecedential.

Wniteb ~tate5 qcourt of ~peaI5 for tbe jfeberaI qcircuit JOHN-PIERRE BANEY, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

2013-3003

Petition for review of the Merit Systems Protection Board in case no. DA0752120158-I-1.

ON MOTION

ORDER John-Pierre Baney moves for leave to proceed in forma pauperis. Mr. Baney previously submitted a Uniformed Services Employment and Reemployment Rights Act (USERRA) notification indicating that his case before the Merit Systems Protection Board involved USERRA claims and thus he is exempt from paying the filing fees.

Pursuant to 38 U.S.C. § 4323(h), if a petitioner claims rights under USERRA, the filing fee is waived. In this Case: 13-3003 Document: 10 Page: 2 Filed: 11/28/2012

JOHN-PIERRE BANEYv. DOJ 2 case, Baney claimed rights under USERRA before the Board. Thus, Baney is exempt from paying the fee.

Upon consideration thereof, IT Is ORDERED THAT: The motion is denied as moot. Mr. Baney is exempt from paying the filing fee due to his USERRA claims.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk s24