Evans v. USPS

Case: 12-3190 Document: 47 Page: 1 Filed: 05/07/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ STEPHAN D. EVANS, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent. ______________________ 2012-3190 ______________________ Petition for review of the Merit Systems Protection Board in No. SF0752100966-I-2. ______________________ ON MOTION ______________________ ORDER Stephan D. Evans moves to reinstate his petition, which was dismissed for failure to file an appendix in accordance with this court’s rules. The United States Postal Service responds. Upon consideration thereof, IT IS ORDERED THAT: Case: 12-3190 Document: 47 Page: 2 Filed: 05/07/2014 2 EVANS v. USPS (1) The motion is granted. The mandate is recalled, the dismissal order is vacated, and the petition is rein- stated. (2) The USPS is directed to promptly re-serve Evans with its response brief. (3) Evans’ reply brief is due within 14 days of the date of service of USPS’s responsive brief. Evans shall file the appendix within seven days of the date of filing of his reply brief. FOR THE COURT /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s30