RAKHMATULLA ASATOV v. LABOR , No. 13-3047 (Fed. Cir. 2013)

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Case: 13-3047 Document: 9 Page: 1 Filed: 04/30/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ RAKHMATULLA ASATOV, Petitioner, v. DEPARTMENT OF LABOR, Respondent. __________________________ 2013-3047 __________________________ Petition for review of the Merit Systems Protection Board in Nos. PH3330120390-I-1, PH3330120391-I-1, PH3330120392-I-1. __________________________ ON MOTION __________________________ ORDER Rakhmatulla Asatov moves for leave to proceed in forma pauperis. The court notes that this appeal was dismissed on January 25, 2013 for failure to pay the fee and for failure to submit the Federal Circuit Rule 15(c) statement. The Rule 15(c) statement was filed on January 31, 2013. We treat Case: 13-3047 Document: 9 Page: 2 Filed: 04/30/2013 RAKHMATULLA ASATOV v. LABOR 2 Mr. Asatov s motion for leave to proceed in forma pauperis as a motion to reinstate the appeal. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion for leave to proceed in forma pauperis is granted. (2) The mandate is recalled, the court s dismissal order is vacated, and the petition is reinstated. Mr. Asatov s opening brief (form enclosed) is due within 21 days of the date of filing of this order. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s24

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