with whom NEWMAN and O’MALLEY, Circuit Judges, join, dissent from the denial of the petition for hearing 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 hearing en banc.

ON PETITION FOR HEARING EN BANC

ORDER

Petitioner Jeffery S. Musselman filed a petition for initial hearing en banc. A response to the petition was invited by the court and filed by respondent Department of the Army. The petition and response were referred to the circuit judges who are in regular active service.

Upon consideration thereof,

It Is Ordered That:

The petition for initial hearing en banc is denied.