Benigno C. Choco, Petitioner, v. Office of Personnel Management, Respondent, 91 F.3d 168 (Fed. Cir. 1996)

ON MOTION

ORDER

Benigno C. Choco moves for reconsideration of this court's April 26, 1996 order dismissing his petition for review for failure to prosecute.

Choco's petition for review was dismissed on April 26, 1996 because he failed to pay the filing fee and to file a Fed. Cir. R. 15(c) statement concerning discrimination. Subsequently, the court granted Choco's motion for leave to proceed in forma pauperis. Choco has also submitted a corrected R. 15(c) statement.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) Choco's motion for reconsideration is granted, the April 26, 1996 dismissal order is vacated, the mandate is recalled, and the petition is reinstated.

(2) The Office of Personnel Management should compute the due date for filing its brief from the date of reinstatement.