Case: 13-3088     Document: 10    Page: 1   Filed: 05/07/2013




           NOTE: This order is nonprecedential.

   United States Court of Appeals
       for the Federal Circuit
                 __________________________

                  JOHN-PIERRE BANEY,
                       Petitioner,

                             v.
                DEPARTMENT OF JUSTICE,
                      Respondent.
                 __________________________

                         2013-3088
                 __________________________

    Petition for review of the Merit Systems Protection
 Board in No. DA4324120108-I-1.
               __________________________

                       ON MOTION
                 __________________________

                        ORDER

    John-Pierre Baney moves for leave to proceed in forma
 pauperis. Mr. Baney previously submitted a Uniformed
 Services Employment and Reemployment Rights Act
 (USERRA) notification indicating that his case before the
 Merit Systems Protection Board involved USERRA claims
 and thus he is exempt from paying the filing fees.

     Pursuant to 38 U.S.C. § 4323(h), if a petitioner claims
 rights under USERRA, the filing fee is waived. In this
Case: 13-3088      Document: 10      Page: 2   Filed: 05/07/2013




 JOHN-PIERRE BANEY v. DOJ                                    2

 case, Baney claimed rights under USERRA before the
 Board. Thus, Baney is exempt from paying the fee.

       Upon consideration thereof,

       IT IS ORDERED THAT:

    The motion is denied as moot. Mr. Baney does not
 have to pay the filing fee due to his USERRA claims.

                                       FOR THE COURT


                                       /s/ Jan Horbaly
                                       Jan Horbaly
                                       Clerk

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