       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

               JOSHUA RODRIGUEZ,
                    Petitioner,

                           v.

           DEPARTMENT OF JUSTICE,
                  Respondent.
              ____________________

                      2012-3040
                ______________________

   Petition for review of the Merit Systems Protection
Board in case no. NY0752100081-I-1.
                 ______________________

                     JUDGMENT
                ______________________

   LAWRENCE BERGER, Mahon & Berger, of Glen Cove,
New York, argued for petitioner.

    MICHAEL P. GOODMAN, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent. With him on the brief were STUART F.
DELERY, Acting Assistant Attorney General, JEANNE E.
DAVIDSON, Director, and STEVEN GILLINGHAM, Assistant
Director.
               ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

    PER CURIAM (RADER, Chief Judge, DYK and WALLACH,
Circuit Judges).


            AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



November 14, 2012             /s/ Jan Horbaly
      Date                Jan Horbaly
                          Clerk
