STEPHAN EVANS v. USPS , No. 12-3190 (Fed. Cir. 2013)

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Case: 12-3190 Document: 32 Page: 1 Filed: 09/05/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ STEPHAN D. EVANS, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent. __________________________ 2012-3190 __________________________ Petition for review of the Merit Systems Protection Board in No. SF0752100966-I-2. __________________________ ON MOTION __________________________ Before O MALLEY, Circuit Judge. ORDER Stephan D. Evans moves for the court to accept the currently submitted brief as filed, which the court treats as a motion to file a nonconforming brief and reinstate the petition. Upon consideration thereof, IT IS ORDERED THAT: Case: 12-3190 STEPHAN EVANS Document: 32 Page: 2 Filed: 09/05/2013 v. USPS 2 (1) The motion is granted. The brief is accepted for filing. The mandate is recalled, the dismissal order is vacated and the petition is reinstated. (2) USPS s response brief is due within 21 days from the date of filing of this order. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk s19

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