Bender v. Department of Transportation

U.S. Court of Appeals for the Federal Circuit February 4, 2008

Bender v. Department of Transportation, 267 F. App'x 937 (Fed. Cir. 2008)

Opinion of the Court

RADER, Circuit Judge.

ORDER

David C. Bender moves for reconsideration of the court’s January 4, 2008, 263 FedAppx. 40, order dismissing his appeal for failure to file a brief.

Bender states that he did not receive the certified list.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion is granted. The mandate is recalled, the dismissal order is vacated, and the petition is reinstated.

*938(2) Bender’s brief is due within 60 days of the date of filing of this order. No further extensions.