NASUTI V. MERIT SYSTEMS PROTECTION BOARD , No. 12-3162 (Fed. Cir. 2012)

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Case: 12-3162 Document: 17 Page: 1 Filed: 10/01/2012 NOTE: This order is nonprecedential. Wniteb ~tate~ <!Court of ~peaI~ for tbe jfeberaI qcircuit MATTHEW J. NASUTI, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. 2012-3162 Petition for review of the Merit Systems Protection Board in case no. DC1221120321-W-1. ORDER On August 28, 2012, Matthew J. Nasuti's petition was dismissed for failure to pay the required docketing fee and to file the required Fed. Cir. R. 15(c) statement concerning discrimination. Nasuti also submits a petition for hearing en bane, which the court treats as a motion for reconsideration of the August 28 dismissal order. The court has granted his motion to proceed in forma pauperis and has received his completed Rule 15(c) Statement Form. Accordingly, Case: 12-3162 Document: 17 Page: 2 Filed: 10/01/2012 2 MATTHEW NASUTI v. MSPB IT IS ORDERED THAT: (1) The court's August 28, 2012 order is vacated, the court's mandate is recalled, and the petition is reinstated. (2) Nasuti's brief is due within 30 days of the date of this order. (2) Nasuti's motion for reconsideration is denied as moot. FOR THE COURT OCT 0 1 2012 Date /s/ Jan Horbaly Jan Horbaly Clerk cc: Matthew J. Nasuti (informal brief form enclosed) Calvin M. Morrow, Esq. s26

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