NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-3128 ROBERT R. FARRELL, SR., Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

Petition for review of the Merit Systems Protection Board in PH3443070347-I-1.

ON MOTION ORDER Robert R. Farrell, Sr. moves to reinstate his petition for review.

Farrell submitted a USERRA Notification Form and thus the requirement that he pay the docketing fee is waived. Because it does not appear that Farrell's Merit Systems Protection Board case involved a claim of discrimination over which this court would not have jurisdiction, the requirement that he file a completed Fed. Cir. R. 15(c) statement is waived.

Upon consideration thereof, IT IS ORDERED THAT: (1) The motion will be granted, the mandate will be recalled, the dismissal order will be vacated, and the petition for review will be reinstated, if Farrell files a completed informal brief (form enclosed) within 21 days of the date of filing of this order. (2) The requirements that Farrell pay the docketing fee or file a Fed. Cir. R. 15(c) statement are waived.

FOR THE COURT

MAY 2 0 2009 /s/ Jan Horbaly Date Jan Horbaly Clerk Men U.S. COURT OF A PPEALS PO THE FEDERAL CIRCUIT cc: Robert R. Farrell, Sr. (informal brief form enclosed) Joyce G. Friedman, Esq.

MAY 2 0 2009 s8 iiURtskiLi CLERK

2009-3128 -2-