Case: 12-3161        Document: 38         Page: 1      Filed: 02/01/2013




              NOTE: This order is nonprecedential.

    United States Court of Appeals
        for the Federal Circuit
                    __________________________

            ROBERT DONNELL DONALDSON,
                     Petitioner,

                                    v.
      DEPARTMENT OF HOMELAND SECURITY,
                  Respondent.
                    __________________________

                            2012-3160
                    __________________________

    Petition for review of the Merit Systems Protection
 Board in case no. DA3330110862-1-2.
     ----------------------------------------------------------------------

            ROBERT DONNELL DONALDSON,
                     Petitioner,

                                    v.
        MERIT SYSTEMS PROTECTION BOARD,
                   Respondent,

                                   AND

      DEPARTMENT OF HOMELAND SECURITY,
                  Intervenor.
                    __________________________

                               2012-3161
Case: 12-3161    Document: 38      Page: 2    Filed: 02/01/2013




 ROBERT DONALDSON   v. DHS                                  2


                __________________________

    Petition for review of the Merit Systems Protection
 Board in case no. DC1221120087-W-1.
                __________________________

                      ON MOTION
                __________________________

                        PER CURIAM.
                         ORDER

     Robert Donnell Donaldson moves for reconsideration of
 the court’s September 11, 2012 order denying his motion
 for judgment as a matter of law/summary judgment in
 appeal No. 2012-3160 which we construe as a motion for
 summary reversal. The Department of Homeland Security
 (DHS) opposes. Donaldson replies. Donaldson also moves
 for the court to exclude DHS’ informal brief in the same
 appeal. DHS opposes and moves for leave to file a response
 to the motion. Donaldson moves for the court to exclude
 DHS’ Rule 28(j) notice of supplemental authority in appeal
 No. 2012-3161. DHS opposes. Donaldson replies. Don-
 aldson moves for the court to transfer his case to the United
 States District Court for the District of Maryland. DHS and
 the Merit Systems Protection Board (MSPB) both request a
 motion of extension of time to file their response. Don-
 aldson opposes.

     Upon consideration thereof,

     IT IS ORDERED THAT:

     (1) DHS’ motion for leave to file a response to Don-
 aldson’s motion to exclude its brief is granted.
Case: 12-3161      Document: 38     Page: 3    Filed: 02/01/2013




 3                                   ROBERT DONALDSON   v. DHS


    (2) The motion to exclude DHS’ informal brief and
 Rule 28(j) notice of supplemental authority in appeal No.
 2012-3160 is denied.
    (3) The motion to exclude DHS’ Rule 28(j) notice of
 supplemental authority in appeal No. 2012-3161 is denied.
     (4) The motion for summary reversal is denied with-
 out prejudice.
       (5) The motion to transfer is denied.

     (6) DHS and MSPB’s motions for extensions of time
 to respond to Donaldson’s motion to transfer his case to the
 United States District Court for the District of Maryland
 are denied as moot.

                                  FOR THE COURT


                                  /s/ Jan Horbaly
                                  Jan Horbaly
                                  Clerk

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