Lee v. Dept. Of the Army ( 2010 )

NOTE: This order is nonprecedentia1. United States Court of AppeaIs for the FederaI Circuit ANTHONY T. LEE, Petiti0ner, V. DEPARTMENT OF THE ARMY, _ Respondent. 2010-3176 Petition for review of the Merit Systems Protection Board in case no. DC0752100186-I-1. ON MOTION ORDER Anthony T. Lee moves without opposition for leave to proceed in forma pauperis. We note that on September 17, 2010 this court re- ceived notice that Lee’s petition was then pending before the Merit Systerr1s Protection Board. 011 October 26, 2010, the Board issued an order dismissing Lee’s petition on the gound that he moved to withdraw to seek review in this c0urt. LEE V. ARMY 2 Upon consideration thereof IT ls ORDERED THAT: (1) The motion for leave to proceed in forma pauperis is granted (2) The Department of the Army should calculate the due date for its brief from the date of filing of this order. FoR THE CoURT ii NOV l 9 /s/ Jan Horbalv Date J an Horbaly Clerk ccc Ant;hony Lee Jeffrey D. Klingman, Esq. FlLED s19 u.s. count oF APPEALs FOR ms FEoERAL'c1Rcu\T NUV l 9 2010 .lAN HORBALY CLERK