Opinion
2011-3131
12-22-2011
WILLIAM STEPHEN LUSH, II, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. AT3330090169-I-1.
ON MOTION
ORDER
William 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.
Accordingly,
IT IS ORDERED THAT:
The motion will be granted, the mandate will be recalled, 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 COURT
__________
Jan Horbaly
Clerk
cc: William Stephen Lush, II (informal brief form enclosed)
Sara B. Rearden, Esq.