Dela Cruz v. Office of Personnel Management

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit S]XTO DELA CRUZ, Petiti0ner, V. OFFICE OF PERSONNEL MANAGEMENT,“ Respondent. 2010-3165 Petition for review of the Merit Systems Pr0tection Board in case no. SF0831090823-I-1. ON MOTION ORDER The court treats Sixto De1a Cruz’s filing of his opening brief as a motion for reconsideration of the court's No- Vember 18, 2010 order dismissing this petition for review for failure to file a brief. Upon consideration thereof, IT ls 0RDERED THA'r: DELA CRUZ V. OPM 2 (1) The motion is granted, the mandate is recalled, the petition is reinstated, and Dela Cruz’s brief is ac- cepted for filing (2) The Office of Personne1 Management should cal- culate its brief due date from the date of filing of this order. FOR TI-lE COURT ~mNl92ml /aJmnhamw Date J an Horbaly Clerk cc: Sixto Dela Cruz J. Hunter Bennett, Esq. LSF0n 320 "" JAN 19 2011 § ss § 3 3 §§ §§ §§ 1AnP.snaAu cum