Baker v. Office of Personnel Management

NOTE: This order is nonprecedential. Wntteb ~tate5 QCourt of ~peal5 for tbe jfeberal QCtrcutt SHIRLEY K. BAKER, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent. 2010·3136 Petition for review of the Merit Systems Protection Board in PH0845100348·I·1. ON MOTION ORDER The court treats Shirley K. Baker's motion for an ex· tension of time as a motion for reconsideration of the court's September 2, 2010 order dismissing her petition for review for failure to file a brief. Baker also moves for leave to proceed in form in forma pauperis. The court notes that Baker is not required to pay the docketing fee. Upon consideration thereof, BAKERv.OPM 2 IT Is ORDERED THAT: (1) The motion for reconsideration will be granted, the mandate will be recalled, the dismissal order will be vacated, and the petition for review will be reinstated, if Baker files her informal brief (form enclosed) within 30 days of the date of filing of this order. (2) Baker's motion for leave to proceed in forma pau- peris is denied as moot. The requirement that she pay the fee is waived. FOR THE COURT SEP 2 1 2010 lsI Jan Horbaly Date Jan Horbaly Clerk cc: Shirley Baker (informal brief form enclosed) Michael D. Austin, Esq. s20 FILED u.s. COURT OF APPEALS FOR THE FEDERAL CIRCUIT SEP 21 2010 JAN HORBALY CLERK