Case: 13-3004 Document: 10 Page: 1 Filed: 12/26/2012

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

MATTHEW C. MCGAUGH, Petitioner,

v. DEPARTMENT OF JUSTICE, Respondent. __________________________

2013-3004 __________________________

Petition for review of the Merit Systems Protection Board in case no. DA3443110672-I-1.

PER CURIAM.

ORDER Matthew C. McGaugh submits a form stating that he is not required to pay the docketing fee because his case before the Merit Systems Protection Board involved a claim under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

It does not appear, from a review of the Board deci- sion on review, that McGaugh's case involved a USERRA claim. Thus, within 21 days of the date of filing of this order, McGaugh must either (1) establish that his case at the Board involved a USERRA claim, (2) complete a Case: 13-3004 Document: 10 Page: 2 Filed: 12/26/2012

MATTHEW MCGAUGH v. DOJ 2

motion for leave to proceed in forma pauperis, or (3) pay the $450 docketing fee. Accordingly,

IT IS ORDERED THAT:

Within 21 days of the date of filing of this order, McGaugh must either (1) establish that his case at the Board involved a USERRA claim, (2) complete a motion for leave to proceed in forma pauperis, or (3) pay the $450 docketing fee.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk s25