Wayne P. Hill, Petitioner, v. United States Postal Service, Respondent, 95 F.3d 1163 (Fed. Cir. 1996)

ORDER

Wayne P. Hill moves for reconsideration of the court's June 14, 1996 order dismissing his petition for review for failure to file a brief. The United States Postal Service opposes. In the event that the motion for reconsideration is granted, Hill moves for a 46-day extension of time to file his brief.^*  The Postal Service consents.

Hill filed his petition for review on March 6, 1996. The Board served its certified list on April 2, 1996. Accordingly, Hill's brief was due on June 3, 1996. See Fed. Cir. R. 31(a). On June 5, 1996, Hill moved for an extension of time to file his brief. The motion was rejected by the court because it did not comply with certain procedural requirements. On June 14, 1996, the court dismissed Hill's petition for failure to file a brief. Hill filed a revised motion for an extension of time on June 17, 1996. On June 21, 1996, Hill filed the present motion for reconsideration of the court's dismissal order.

In this court, failure of the appellant to timely file a brief almost always results in dismissal. In the present case, however, counsel for Hill sought an extension of time only one day after Hill's brief was due. Upon learning that the motion had been rejected, counsel promptly filed a revised motion for an extension of time and, subsequently, a motion for reinstatement. Because this case presents a close question, reinstatement of Hill's petition is appropriate.

Accordingly,

IT IS ORDERED THAT:

(1) Hill's motion for reconsideration is granted. The court's June 14, 1996 dismissal order is vacated, the mandate is recalled, and the petition is reinstated.

(2) Hill's motion for an extension of time is granted. The brief is due July 19, 1996. No further extensions will be granted.