Manuel J. Rivera, Petitioner, v. Department of the Army, Respondent, 64 F.3d 675 (Fed. Cir. 1995)

We treat Manuel J. Rivera's motion entitled "Motion and Affidavits for Leave to File Brief Thirteen Days Past Due Date" as a motion for reconsideration of the court's June 7, 1995 order dismissing his petition for review for failure to file a brief. Rivera states that the Department of the Army does not oppose.

Counsel for Rivera states that he inadvertently calculated the due date for the brief from the date on which he received the certified index from the Merit Systems Protection Board, rather than the date on which the index was mailed. See Fed. R. App. P. 25(c); Fed. Cir. R. 31(a).

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion is granted, the court's June 7, 1995 order is vacated, the mandate is recalled, and the petition is reinstated.

(2) The Army's brief is due within 30 days of the date of filing of this order.