DUNCAN v. DHS , No. 14-3187 (Fed. Cir. 2014)

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Case: 14-3187 Document: 9 Page: 1 Filed: 09/25/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ANN MARIE DUNCAN, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent. ______________________ 2014-3187 ______________________ Petition for review of the Merit Systems Protection Board in No. DC-752S-14-0506-I-1. ______________________ ON MOTION ______________________ ORDER Ann Marie Duncan submits her 15(c) Statement Concerning Discrimination, which the court treats as a motion to reopen the petition for review. The court notes that this petition was dismissed on September 17, 2014 for failure to file a 15(c) Statement Concerning Discrimination. Upon consideration thereof, Case: 14-3187 Document: 9 2 Page: 2 DUNCAN Filed: 09/25/2014 v. DHS IT IS ORDERED THAT: The motion is granted. The court s September 17, 2014 dismissal order is vacated, the mandate is recalled, and the petition for review is reinstated. The Department of Homeland Security should calculate the due date for its response brief from the date of filing of this order. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s21

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