NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ KATHERINE ARCHULETA, Director, Office of Personnel Management, Petitioner v. TONY D. HOPPER, Respondent

MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________ 2013-3177 ______________________ Petition for review of the Merit Systems Protection Board in No. CH0731090798-I-3. ______________________ ON PETITION FOR REHEARING EN BANC ______________________ 2 ARCHULETA v. HOPPER

Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, and CHEN, Circuit Judges. * PER CURIAM.

ORDER Katherine Archuleta, Director of the Office of Per- sonnel Management (“OPM”), filed a petition for rehear- ing en banc. A response to the petition was invited by the court and filed by both respondents Tony D. Hopper and the Merit Systems Protection Board. The petition was first referred as a petition for rehearing to the panel that heard the appeal, and thereafter the petition for rehear- ing en banc was referred to the circuit judges who are in regular active service.

IT IS ORDERED THAT: (1) The petition for rehearing en banc is denied.

The mandate of this court will issue on May 20, 2015.

FOR THE COURT May 13, 2015 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court

* Circuit Judge Hughes did not participate.