Abiera v. Office of Personnel Management

NOTE: This order is nonprecedential. United States Court of AppeaIs for the FederaI Circuit FLORENCIA A. ABIERA, Petitioner, V. OFFICE OF PERSONNEL MANAGEMENT, Resp0n,dent. 2011-3193 Petition for review of the Merit Systems Protection Board in case n0. SF08311006(}9-I-1. ON MOTION ORDER The petitioner, F1orencia A. Abiera, submits her re- sponse to the Oct0ber 4, 2011 "OVerdue lnformal Brief’ that she received from this court. Abiera states that "I already submitted my lnformal Brief in September 2011...I therefore had timely complied with the court’s requirement." The court notes that the court has not received the petiti0ner’s informal brief filed in September 2011 and per a telephone conversation, counsel for the ABIERA V. OPM 2 respondent has confirmed that they do not have a copy of the brief. The court dismissed Abiera’s petition for review on January 18, 2012 for failure to file a brief. Upon consideration thereof IT ls 0RDERED THAT: The court’s January 18, 2012 dismissal order will be vacated, the mandate will be recalled, and the petition for review will be reinstated if Ms. Abiera files~an original and three copies of her informal brief within 60 days of the date of filing of this order. FoR THE CoURT FEB 10 1 /s/ J an Horbal Date J an Horbaly. Clerk cc: Florencia A. Abiera AuStm M` Fu1k’ ESq' u.s.couni:i)|FEAi=)r'EALsF0n 821 me FEnenALc1ncu1T FEB 1 0 2012 JAN HOHBAl.Y CLERK