Corey Demond Stoglin v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
COREY DEMOND STOGLIN,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2013-3158
______________________
Petition for review of the Merit Systems Protection
Board in No. CH-4324-12-0389-I-1.
______________________
ON MOTION
______________________
Before L OURIE, M OORE, and REYNA, Circuit Judges.
P ER CURIAM .
O R D E R
The Merit Systems Protection Board (Board) moves
without opposition to remand this appeal for further
proceedings before the Board.
The Board dismissed Corey Demond Stoglin’s petition
for review as untimely. In the interest of judicial econo-
my, the court grants the Board’s motion to remand this
Case: 13-3158 Document: 23 Page: 1 Filed: 11/04/2014

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STOGLIN v. MSPB 2
case for the Board to consider, in the first instance, Sto-
glin’s argument that his military service during the 35-
day window for filing qualified for mandatory tolling
under the Servicemembers Civil Relief Act (SCRA).
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted. The case is remanded for
additional proceedings consistent with this order.
(2) Each side shall bear its own costs.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s24
ISSUED AS A MANDATE: November 4, 2014
Case: 13-3158 Document: 23 Page: 2 Filed: 11/04/2014

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