Case: 23-1268 Document: 56 Page: 1 Filed: 04/09/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ DIANE MIDYETT, substituted for F. Allan Midyett, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________ 2023-1268 ______________________ Petition for review of the Merit Systems Protection Board in No. DA-3330-15-0309-I-1. ______________________ ORDER The petitioner having failed to file a motion to substitute pursuant to the court’s January 23, 2024 order, it is Case: 23-1268 Document: 56 Page: 2 Filed: 04/09/2024

ORDERED that the petition for review be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules and pursuant to the court’s January 23, 2024 order.

FOR THE COURT

April 9, 2024 Date

ISSUED AS A MANDATE: April 9, 2024