Connie J. Bagwell-lide, Petitioner, v. Office of Personnel Management, Respondent, 59 F.3d 180 (Fed. Cir. 1995)

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US Court of Appeals for the Federal Circuit - 59 F.3d 180 (Fed. Cir. 1995) March 1, 1995


Before MICHEL, Circuit Judge.


MICHEL, Circuit Judge.

Connie J. Bagwell-Lide moves for reconsideration of the court's February 3, 1995 order dismissing her petition for review for failure to file a brief. The Office of Personnel Management has not responded.

It appears that the court improvidently dismissed Bagwell-Lide's petition for review on February 3, 1995. The certified list was served on December 16, 1994. Thus, Bagwell-Lide's formal brief was not due until February 16, 1995. The Court received Bagwell-Lide's formal brief on February 15, 1995.* 

Upon consideration thereof,


(1) Bagwell-Lide's motion for reconsideration is granted. The court's February 3, 1995 order is vacated, the mandate is recalled, and the petition is reinstated.

(2) OPM should compute the due date for its brief from the date of filing of this order.


We note that Bagwell-Lide's formal brief does not appear to be in compliance with the court's rules. The clerk will be sending a notice to Bagwell-Lide informing her of the brief's defects and ordering that a corrected brief be filed