Case: 12-3160 Document: 40 Page: 1 Filed: 02/01/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
ROBERT DONNELL DONALDSON,
Petitioner,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
__________________________
2012-3160
__________________________
Petition for review of the Merit Systems Protection
Board in case no. DA3330110862-1-2.
----------------------------------------------------------------------
ROBERT DONNELL DONALDSON,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent,
AND
DEPARTMENT OF HOMELAND SECURITY,
Intervenor.
__________________________
2012-3161
Case: 12-3160 Document: 40 Page: 2 Filed: 02/01/2013
ROBERT DONALDSON v. DHS 2
__________________________
Petition for review of the Merit Systems Protection
Board in case no. DC1221120087-W-1.
__________________________
ON MOTION
__________________________
PER CURIAM.
ORDER
Robert Donnell Donaldson moves for reconsideration of
the court’s September 11, 2012 order denying his motion
for judgment as a matter of law/summary judgment in
appeal No. 2012-3160 which we construe as a motion for
summary reversal. The Department of Homeland Security
(DHS) opposes. Donaldson replies. Donaldson also moves
for the court to exclude DHS’ informal brief in the same
appeal. DHS opposes and moves for leave to file a response
to the motion. Donaldson moves for the court to exclude
DHS’ Rule 28(j) notice of supplemental authority in appeal
No. 2012-3161. DHS opposes. Donaldson replies. Don-
aldson moves for the court to transfer his case to the United
States District Court for the District of Maryland. DHS and
the Merit Systems Protection Board (MSPB) both request a
motion of extension of time to file their response. Don-
aldson opposes.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) DHS’ motion for leave to file a response to Don-
aldson’s motion to exclude its brief is granted.
Case: 12-3160 Document: 40 Page: 3 Filed: 02/01/2013
3 ROBERT DONALDSON v. DHS
(2) The motion to exclude DHS’ informal brief and
Rule 28(j) notice of supplemental authority in appeal No.
2012-3160 is denied.
(3) The motion to exclude DHS’ Rule 28(j) notice of
supplemental authority in appeal No. 2012-3161 is denied.
(4) The motion for summary reversal is denied with-
out prejudice.
(5) The motion to transfer is denied.
(6) DHS and MSPB’s motions for extensions of time
to respond to Donaldson’s motion to transfer his case to the
United States District Court for the District of Maryland
are denied as moot.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
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