Opinion
2013-3088
05-07-2013
JOHN-PIERRE BANEY, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.
NOTE: This order is nonprecedential.
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, 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
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Jan Horbaly
Clerk
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