' NOTE: This order is nonprecedential. United States Coul't of Appea|s for the Federa| Circuit 2009-3299 MARciA v. i<NicHT, Petitioner, V. oEPARTMENT oF i_AsoR, Respondent. Petition for review of the Merit Systems Protection Board in PH0432080605-|-1. ON MOT|ON 0 R D E R Marcia V. Knight moves for reconsideration of the court's order dismissing her petition for review for failure to pay the docketing fee. Knight notes that her motion for leave to proceed in forma pauperis was granted in another case, 2009-3193. Although Knight should have submitted another motion for leave to proceed in forma pauperis in this case, the court determines that the docketing fee may be waived in the circumstances. /-\ccording|y, lT lS ORDERED THAT: The requirement to pay the docketing fee is waived. The motion for reconsideration will be granted, the mandate will be reca|led, the dismissal order will be reinstated, and the petition for review will be reinstated, if Knight files her opening brief (fom1 enc|osed) within 21 days of the date of filing of this order.

FOR THE COURT DEC 1 8 lslJan Horba| V Date Jan Horba|y Clerk cc: Marcia V. Knight (informa| brief fom1 enclosed) Jeffrey D. K|ingman, Esq. 38 2009-3299 - 2 - §§ §§ aig ll LS FOR UlT DEC 18 2009 JllNHUliBAl.¥ C|.ERK