MCGAUGH V. DEPT. OF JUSTICE , No. 13-3004 (Fed. Cir. 2012)
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Case: 13-3004 Document: 10 Page: 1 Filed: 12/26/2012 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ MATTHEW C. MCGAUGH, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent. __________________________ 2013-3004 __________________________ Petition for review of the Merit Systems Protection Board in case no. DA3443110672-I-1. PER CURIAM. ORDER Matthew C. McGaugh submits a form stating that he is not required to pay the docketing fee because his case before the Merit Systems Protection Board involved a claim under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). It does not appear, from a review of the Board decision on review, that McGaugh's case involved a USERRA claim. Thus, within 21 days of the date of filing of this order, McGaugh must either (1) establish that his case at the Board involved a USERRA claim, (2) complete a Case: 13-3004 Document: 10 Page: 2 Filed: 12/26/2012 MATTHEW MCGAUGH v. DOJ 2 motion for leave to proceed in forma pauperis, or (3) pay the $450 docketing fee. Accordingly, IT IS ORDERED THAT: Within 21 days of the date of filing of this order, McGaugh must either (1) establish that his case at the Board involved a USERRA claim, (2) complete a motion for leave to proceed in forma pauperis, or (3) pay the $450 docketing fee. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s25
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