with whom NEWMAN and O’MALLEY, Circuit Judges, join, dissent from the denial of the petition for rehearing en banc for the reasons stated in the dissent from denial of the petition for rehearing en banc in Fedora v. Merit Systems Protection Board, No. 15-3039.

STOLL, Circuit Judge, dissents without opinion from the denial of the petition for rehearing en banc.

ON PETITION FOR REHEARING EN BANC

ORDER

Petitioner Robert D. Vocke, Jr. filed a petition for rehearing en banc. A response to the petition was invited by the court and filed by respondent 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 rehearing en banc and response were referred to the circuit judges who are in regular active service.

Upon consideration thereof,

It Is Ordered That:

The petition for panel rehearing is denied.

The petition for rehearing en banc is denied.

The mandate of the court will issue on July 27, 2017.