NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit CARL FOX, Petitioner, V. DEPARTMENT OF DEFENSE, Respondent.

2012-3078 Petition for review of the Merit Systems Protection Board in case n0. CHO752110659-I-1.

ON MOTION ORDER Upon consideration of Carl Fox’s motion for reconsid- eration of the court’s February 12, 2013 order dismissing his petition for review for failure to file a brief, his brief having now been filed, IT ls ORDERED THAT: FOX V. DEFENSE 2 (1) The motion is granted The mandate is recalled, the court’s February 12, 2013 dismissal order is vacated and the petition for review is reinstated The brief is accepted for filing. (2) The Department of Defense should calculate its brief due date from the date of filing of this order.

FoR THE CoURT l E@`§E /s/ J an Horbaly Date J an Horbaly Clerk cc: Carl Fox P. Davis Oliver, Esq. l LED PEALs son u'&ncc?=.{i='f§fr§#.~_lp¢"r-nurr MAR '! 5 2013 JAN HURBAI.Y CLEHK