NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3013
JAIME ROSADO,
Petitioner,
v.
DEPARTMENT OF THE AIR FORCE,
Respondent.
Petition for review of the Merit Systems Protection Board in
DA0432890528-P-1.
ON MOTION
Before MAYER, SCHALL, and MOORE, Circuit Judges.
PER CURIAM.
ORDER
Jaime Rosado submits a Uniformed Services Employment and Reemployment
Rights Act (USERRA) notification form, moves to reinstate his petition for review, and
requests a status update on his case.
Rosado's petition was dismissed on November 10, 2008 because he had not
paid the filing fee or submitted a Fed. Cir. R. 15(c) statement concerning discrimination.
On January 12, 2009, Rosado submitted a USERRA notification form claiming that his
case before the Merit Systems Protection Board involved USERRA claims and thus was
exempt from paying the filing fee. On January 21, 2009, Rosado submitted the Rule
15(c) form and filed a motion seeking reinstatement of his case.
In his motion to reinstate, Rosado requests that the court proceed with his case
only if his case "qualiffies] under the USERRA" for a waiver of the filing fee. Rosado
states that he does not want to pay the docketing fee and that if his case does not meet
these requirements, it can be dismissed.
The court notes that the Board decision under review does not indicate that
Rosado raised any USERRA claims. Thus, because Rosado does not qualify for a
waiver of the filing fee pursuant to USERRA and has not paid the filing fee, the motion
to reinstate is denied.
Accordingly,
IT IS ORDERED THAT:
The motion to reinstate is denied.
Each side shall bear its own costs.
FOR THE COURT
APR 3 2009
/s/ Jan Horbalv
Date Jan Horbaly
Clerk Rua
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
cc: Jaime Rosado
APR 0 3 2009
Robert C. Bigler, Esq.
Mu iiükistiLY
s17 CLERK
2009-3013 2