Marsha L. Payton v. Department of Homeland Security

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit 2010-3027

MARSHA L. PAYTON,
Petitioner,
V.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Petition for review of the Merit Systems Protection Board
in AT0353090770-1-1.

ON MOTION

ORDER

Marsha L. Payton responds to this court's letter asking whether she intends to
withdraw her pending petition for review at the Merit Systems Protection Board.

Payton states that she wishes to continue before the Board and thus the petition
filed with this court prematurely should be dismissed.

Accordingly,

IT IS ORDERED THAT:

(1)
This petition for review is dismissed.

(2)
Each side shall bear its own costs.

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## FOR THE COURT

DEC 14 2009

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc:

Marsha L. Payton

Carrie A. Dunsmore, Esq.

FILED
U.S. COURT OF APPEALS POR
THE FEDERAL CIRCUIT

s8

ISSUED AS A MANDATE:
DEC 14 2009

DEC 14 2009
JAN HORBALY
CLERK

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