NOTE: This order is nonprecedential United States Court of Appea|s for the Federa| Circuit 2010-3039 THYRMAN F. SN|lLEY, Petitioner, V. DEPARTMENT OF DEFENSE, Respondent_ Petition for review of the Merit Systems Protection Board in PH0752090312-l-1.

0N MOT|ON R D E R Upon consideration of Thyrman F. Smiley's motion for an extension of time to file his brief, lT lS ORDERED THAT: The motion for an extension of time is granted. The motion to reinstate the appeal will be granted, the court’s dismissal order will be vacated, and the petition for review will be reinstated, if Smi|ey files his brief within 30 days of the date of filing of this order. No further extensions should be anticipated FOR THE COURT APR 0 8 mm ls/ Jan Horbaly __ Date Jan Horbaly C|erk APR 08 2010 .|PiN |'lORBAL¥ CLERK cc: Keith E. Kendal|, Esq.

Sameer P. \’erawadekar, Esq s21 2010-3039