Case: 13-3088 Document: 10 Page: 1 Filed: 05/07/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________ JOHN-PIERRE BANEY, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent. __________________________ 2013-3088 __________________________ Petition for review of the Merit Systems Protection Board in No. DA4324120108-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: 13-3088 Document: 10 Page: 2 Filed: 05/07/2013

JOHN-PIERRE BANEY v. 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 does not have to pay the filing fee due to his USERRA claims.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk s24