ORDER

Petitioner having filed the required Statement Concerning Discrimination,

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The court’s July 24, 2009, — Fed. Appx. -, 2009 WL 5607070, dismissal order is vacated, the mandate is recalled, and the petition for review is reinstated.

(2) Respondent’s brief is due on or before August 20, 2009.