Spinazola v. Department of Justice

Clevenger, III

Clevenger

ON MOTION

Order

Charles F. Spinazola, Jr. moves for reconsideration of the court's March 18, 1994 order dismissing his petition for review for failure to file a brief. Spinazola also moves for a 60-day extension of time, until May 27, 1994, to file an informal brief. Spinazola states that the Department of Justice does not oppose.

Spinazola states that he did not file a brief because he did not receive a copy of the certified list from the Merit Systems Protection Board when it was initially served. Spinazola states that he received a copy of the Board's certified list on March 28, 1994 after he called and requested a copy. Under these circumstances, we grant Spinazola a partial extension of time to complete his informal brief.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) Spinazola's motion for reconsideration is granted, the dismissal order is vacated, the mandate is recalled, and the petition for review is reinstated.

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

4/14/94

Date

Raymond C. Clevenger, III

Circuit Judge

19940414 ...