Case: 13-3105 Document: 10 Page: 1 Filed: 08/21/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

BEN R. CARRILLO, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent. __________________________

2013-3105

__________________________

Petition for review of the Merit Systems Protection Board in No. DE3330120088-I-1. _____________________________

ON MOTION ______________________________ ORDER Ben R. Carrillo moves for reinstatement of his peti- tion for review. The court notes that his petition for review was dis- missed on July 31, 2013 for failure to file his brief. The court also notes that Mr. Carrillo submitted his opening brief on August 13, 2013. Upon consideration thereof, Case: 13-3105 Document: 10 Page: 2 Filed: 08/21/2013

BEN CARRILLO v. DHS 2

IT IS ORDERED THAT: (1) The motion is granted. The mandate is recalled, the court’s dismissal order is vacated, and the petition is reinstated. (2) Mr. Carrillo’s opening brief is accepted for filing. DHS should calculate the due date for its response brief from the date of filing of this order.

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk

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