- NOTE: This order is nonprecedentia|.
United States Court of Appea|s for the Federa| Circuit
2009-3234 l
DARRALYN C. COUNC|L,
‘ Petitioner,
v.
MER|T SYSTEMS PROTECT|ON BOARD,
Resp0ndent.
Petition for review of the Merit Systems F’rotecti0n Board
in DA0752090124-|-1.
ON MOT|ON
Before RADER, Circuit Judge.
0 R D E R
Darra|yn Counci| moves for “summary judgment."
To the extent that Counci| is arguing the merits of his petition for review, such
arguments should be included in his brief and not in a motion.
Upon consideration thereof,
|T IS ORDERED THAT:
The motion is denied.
FOR THE COURT
sr gm 2 0  W_ /slJan_Horbaly
Date Jan Horba|y 
Cierk ,_ n w
cc: Darra|yn C. Counci| § .  ~ 3
Dana DeLorenzo, Esq. ' i’_-"_’-;"~?_§o,
319 `
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ii
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