Case: 13-3078 Document: 11 Page: 1 Filed: 05/08/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
CESAR A. DELA ROSA,
Petitioner,
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.
__________________________
2013-3078
__________________________
Petition for review of the Merit Systems Protection
Board in No. SF831E120107-I-1.
__________________________
ON MOTION
__________________________
ORDER
Cesar A. Dela Rosa moves for a petition for panel re-
hearing which the court treats as a motion to reopen the
appeal and to recall the mandate. The court notes that
Mr. Dela Rosa’s appeal was dismissed on April 23, 2013,
for failure to file the 15(c) statement concerning discrimi-
nation.
Upon consideration thereof,
Case: 13-3078 Document: 11 Page: 2 Filed: 05/08/2013
CESAR DELA ROSA V. OPM 2
IT IS ORDERED THAT:
The motion will be granted, the mandate will be re-
called, the dismissal order will be vacated, and the peti-
tion for review will be reinstated if, within 45 days of the
date of filing of this order, Dela Rosa files his 15(c)
Statement Concerning Discrimination (form enclosed).
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s21