ARCHULETA V. HOPPER [ORDER - DENIAL REHEARING EN BANC], No. 13-3177 (Fed. Cir. 2015)
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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ KATHERINE ARCHULETA, Director, Office of Personnel Management, Petitioner v. TONY D. HOPPER, Respondent MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________ 2013-3177 ______________________ Petition for review of the Merit Systems Protection Board in No. CH0731090798-I-3. ______________________ ON PETITION FOR REHEARING EN BANC ______________________ 2 ARCHULETA v. HOPPER Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, and CHEN, Circuit Judges. * PER CURIAM. ORDER Katherine Archuleta, Director of the Office of Personnel Management (“OPM”), filed a petition for rehearing en banc. A response to the petition was invited by the court and filed by both respondents Tony D. Hopper and the Merit Systems Protection Board. The petition was first referred as a petition for rehearing to the panel that heard the appeal, and thereafter the petition for rehearing en banc was referred to the circuit judges who are in regular active service. IT IS ORDERED THAT: (1) The petition for rehearing en banc is denied. The mandate of this court will issue on May 20, 2015. FOR THE COURT May 13, 2015 Date * /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court Circuit Judge Hughes did not participate.
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