*2 Before P ROST , Chief Judge , N EWMAN , L OURIE , D YK , O’M ALLEY , R EYNA , W ALLACH , T ARANTO , C HEN , H UGHES ,

and S TOLL , Circuit Judges . ∗ W ALLACH , Circuit Judge, with whom N EWMAN and O’M ALLEY , Circuit Judges, join, dissent from the denial of the petition for hearing en banc for the reasons stated in the dissent from denial of the petition for rehearing en banc in Fedora v. Merit Systems Protection Board , No. 15-

3039 . S TOLL , Circuit Judge , dissents without opinion from the

denial of the petition for hearing en banc.

P ER C URIAM .

O R D E R Petitioner Jeffery S. Musselman filed a petition for in- itial hearing en banc. A response to the petition was invited by the court and filed by respondent Department of the Army. The petition and response were referred to the circuit judges who are in regular active service.

Upon consideration thereof,

I T I S O RDERED T HAT :

The petition for initial hearing en banc is denied.

F OR THE C OURT July 20, 2017 /s/ Peter R. Marksteiner Date Peter R. Marksteiner

Clerk of Court ∗ Circuit Judge Moore did not participate.