ROWE V. DEPT. OF THE ARMY , No. 12-3186 (Fed. Cir. 2012)

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Case: 12-3186 Document: 8 Page: 1 Filed: 09/27/2012 NOTE: This order is nonprecedential. mutteb ~tate~ ~ourt of ~peaI~ for tbe jfeberaI ~trcutt LIESCHEN L. ROWE, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent. 2012-3186 Petition for review of the Merit Systems Protection Board in case no. CH0752100744-B-1. ON MOTION ORDER The petitioner submitted a USERRA Notification Form on August 22, 2012 requesting a waiver of the payment of fees for his appeal. In the court's September 10, 2012 order, this court noted that "Based upon our review, it does not appear that the underlying case included a USERRA claim", and ordered Rowe to either pay the docketing fee within 14 days or submit a motion for leave to proceed in forma pauperis. The docketing fee has Case: 12-3186 Document: 8 Page: 2 Filed: 09/27/2012 LIESCHEN ROWE V. ARMY 2 not been paid nor has a motion for leave to proceed in forma pauperis been filed. Upon consideration thereof, IT Is ORDERED THAT: This appeal is dismissed for failure to prosecute. Any pending motions are denied as moot. FOR THE COURT SEP 2 12012 Date /s/ Jan Horbaly Jan Horbaly Clerk cc: John A. Tacker, Esq. Jane W. Vanneman, Esq. s21 Issued As A Mandate: _ _ S_E_P_2_1_·_20_12 _ u.s.~~EALSFOR THE FEDERAL CIRCUIT SEP 272012 JANHORBALY CLERK

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