Opinion
2012-3194
09-05-2012
DAVID JACKSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. DE0752120031-I-1.
ON MOTION
ORDER
David Jackson moves for leave to proceed in forma pauperis. Jackson has already submitted a Uniformed Services Employment and Reemployment Rights Act (USERRA) notification form indicating that his case before the Merit System Protection Board involved USERRA claims and thus he is exempt from paying the filing fee.
Pursuant to 38 U.S.C. § 4323(h), if a petitioner claims rights under USERRA, the filing fee is waived. In this case, Jackson claimed rights under USERRA before the Board. Thus, Jackson is exempt from paying the fee. Jackson's motion for leave to proceed in forma pauperis is moot.
Upon consideration thereof,
IT IS ORDERED THAT :
The motion is moot. Jackson is exempt from paying the filing fee.
FOR THE COURT
____________
Jan Horbaly
Clerk
cc: David Jackson
Jeffrey Gauger, Esq.
s24