UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
Decided: January 31, 1994.
ANTHONY T. MCLAUGHLIN, PETITIONER,
UNITED STATES POSTAL SERVICE, RESPONDENT.
On November 23, 1992, the court granted McLaughlin's motion for a stay of proceedings pending a ruling by the Merit Systems Protection Board on a related matter regarding his entitlement to retirement benefits. Upon consideration of the status reports submitted, it appears that the Board has not yet decided the related matter.
It appears that the better course now is to dismiss McLaughlin's petition for review without prejudice to reinstatement. McLaughlin may reinstate this appeal by notifying this court within 30 days of the Board's decision on the related matter.
IT IS ORDERED THAT:
(1) The stay of proceedings is lifted.
(2) McLaughlin's petition for review is dismissed without prejudice to reinstatement, within 30 days of the date of the Board's decision on the related matter.
JAN 31 1994
Alvin A. Schall
ISSUED AS A MANDATE: JAN 31 1994
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