Case: 12-3190 Document: 32 Page: 1 Filed: 09/05/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________ STEPHAN D. EVANS, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent. __________________________ 2012-3190 __________________________ Petition for review of the Merit Systems Protection Board in No. SF0752100966-I-2. __________________________ ON MOTION __________________________ Before O’MALLEY, Circuit Judge.

ORDER Stephan D. Evans moves for the court to accept the currently submitted brief as filed, which the court treats as a motion to file a nonconforming brief and reinstate the petition.

Upon consideration thereof, IT IS ORDERED THAT: Case: 12-3190 Document: 32 Page: 2 Filed: 09/05/2013

STEPHAN EVANS v. USPS 2 (1) The motion is granted. The brief is accepted for filing. The mandate is recalled, the dismissal order is vacated and the petition is reinstated. (2) USPS’s response brief is due within 21 days 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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