Opinion
2011-3193
02-10-2012
FLORENCIA A. ABIERA, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. SF0831100609-I-1.
ON MOTION
ORDER
The petitioner, Florencia A. Abiera, submits her response to the October 4, 2011 "Overdue Informal Brief that she received from this court. Abiera states that "I already submitted my Informal Brief in September 2011...I therefore had timely complied with the court's requirement." The court notes that the court has not received the petitioner's informal brief filed in September 2011 and per a telephone conversation, counsel for the 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 IS ORDERED 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
______________________
Jan Horbaly
Clerk
cc: Florencia A. Abiera
Austin M. Fulk, Esq.