NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

2009-3133 LEONARD M. MACHULAS, Petitioner, v. DEPARTMENT OF THE AIR FORCE, Respondent.

Petition for review of the Merit Systems Protection Board in PH3443070282-B-1.

ON MOTION ORDER Leonard M. Machulas moves for reconsideration of the court's April 9, 2009 order dismissing his petition for review for failure to submit a Fed. Cir. R. 15(c) statement concerning discrimination.

Machulas has now submitted the Rule 15(c) form.

Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted, the mandate is recalled, and the petition for review is reinstated. (2) The Department of the Air Force should calculate the due date for its brief from the date of filing of this order.

FOR THE COURT

APR 2 3 2009 /s/ Jan Horbalv Date Jan Horbaly Clerk FILED U.S. COURT OF APPEALS FOR cc: Leonard P. Machulas THE FEDERAL CIRCUIT Joseph A. Pixley, Esq.

APR 2 3 2009 s17 rithure CLERK

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