SOROKA v. OPM , No. 13-3173 (Fed. Cir. 2013)

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Case: 13-3173 Document: 10 Page: 1 Filed: 11/22/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ RICHARD JOSEPH SOROKA, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent. ______________________ 2013-3173 ______________________ Petition for review of the Merit Systems Protection Board in No. CH0843110788-I-1. ______________________ ON MOTION ______________________ ORDER Richard Joseph Soroka moves for leave to proceed in forma pauperis. The court notes that this appeal was dismissed on October 15, 2013 for failure to pay the docketing fee and for failure to submit the Federal Circuit Rule 15(c) statement. The Rule 15(c) statement was filed on November 1, Case: 13-3173 Document: 10 2 Page: 2 SOROKA Filed: 11/22/2013 v. OPM 2013. We treat Mr. Soroka 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. Soroka s opening brief (form enclosed) is due within 21 days of the date of filing this order. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s24

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