Lush v. Merit Systems Protection Board

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit VVILLIAM STEPHEN LUSH, II, Petiti0ner, , V. MERIT SYSTEMS PROTECTION BOARD, Resp0ndent. 2011-3131 Petition for review of the Merit Systems Protection Board in case no. AT3330090169-I-1. ON MOTION ORDER Wi]}iam Stephen Lush, II, moves for reconsideration of the court's order dismissing his appeal for failure to file a Fed. Cir. R. 15(c) form concerning discrimination Lush argues that he did not need to file the form because his case did not involve discrimination We treat his submission as indicating that he would check box "(1)" in section A of the form, and waive the requirement that he complete the form. LUSH v. MSPB 2 Accordingly, IT ls ORDERED THAT: The motion will be granted, the mandate will be re- called, and the petition will be reinstated, if the petitioner files an informal brief (form enclosed) within 21 days of the date of filing of this order. FoR THE CoUR'r DEC 2 2 2011 /s/ Jan Horbaly Date J an Horbaly Clerk cc: William Stephen Lush, ll (informal brief form en- closed) Sara B. Rearden, Esq. F E 88 "=»1-,‘z2‘.§z.sé.!.E.£:zs.,'°~ DEC 22 2011 JANHORBAI.Y C|.£H(