NOTE: This order is nonprecedential.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-