Donnell Howell v. Merit Systems Protection Board, Department of Justice, Proposed Intervenor

NIES, Circuit Judge.

ORDER

The MSPB has filed a petition for rehearing asserting two grounds therefor:

1. that the court erred in its ruling on the finality date of an MSPB decision, and

2. that, in any event, the merits of that decision were not before the court and, *283thus, the court could not reverse on the merits.

The Department of Justice has filed a motion to intervene and a petition for rehearing by which it seeks to defend the merits of the adverse action (a 30-day suspension).

Both motions are dealt with in this order and are denied.1

Background

The Department of Justice imposed a 30-day…