Smith v. Dept. Of the Army

NOTE; This order is nonprecedential. United States Court of Appea|s for the Federa| Circuit 2o1o-3oee PAULA /-\. SlVllTH, Petitioner, V. oEr>ARTiviENT or we ARlviY, Respondent. Petition for review of the lVlerit Systems Protection Board in case no. DC0752090716-|-1. ON MOTlON 0 R D E R Paula A. Smith moves for leave to proceed in forma pauperis. The |Vlerit Systems Protection Board submits correspondence indicating that Smith’s case is still pending before the Board. Smith seeks review in this court of the Board's initial decision However, she has also sought review of the Board's initial decision by the full Board. She may not pursue both petitions simultaneously_ Thus, unless Smith informs this court within 21 days of the date of filing of this order that she has dismissed her petition for review by the full Board, we will dismiss this petition as premature Accordingly, _ |T lS ORDERED THAT: ('l) if Smith does not inform this court within 21 days of the date of filing of this order that she has dismissed her petition for review at the Board, this court will dismiss this petition as premature. (2) Brown’s motion for leave to proceed in forma pauperis is granted (3) if Smith timely informs the court that she has dismissed her petition at the Board, then the respondent's brief is due within 60 days of the date of filing of this order. - FOR THE COURT ~'A"' 2 9 mo ca/3/ven uorpalyWc Date Jan Horba|y Cierk cc: Paula A. Smith Russe|l A. Shultis, Esq. § §§ U.S. CD PEALS FOR THE ClRCUlT JAN‘ 2 9 2010 s20 JAN HORBALY CiERK 2010-3066 2