Case: 13-3078    Document: 11     Page: 1    Filed: 05/08/2013




           NOTE: This order is nonprecedential.

   United States Court of Appeals
       for the Federal Circuit
                __________________________

                 CESAR A. DELA ROSA,
                      Petitioner,

                             v.
      OFFICE OF PERSONNEL MANAGEMENT,
                  Respondent.
                __________________________

                        2013-3078
                __________________________

    Petition for review of the Merit Systems Protection
 Board in No. SF831E120107-I-1.
               __________________________

                      ON MOTION
                __________________________

                         ORDER

      Cesar A. Dela Rosa moves for a petition for panel re-
 hearing which the court treats as a motion to reopen the
 appeal and to recall the mandate. The court notes that
 Mr. Dela Rosa’s appeal was dismissed on April 23, 2013,
 for failure to file the 15(c) statement concerning discrimi-
 nation.

    Upon consideration thereof,
Case: 13-3078     Document: 11    Page: 2    Filed: 05/08/2013




 CESAR DELA ROSA V. OPM                                    2


       IT IS ORDERED THAT:

     The motion will be granted, the mandate will be re-
 called, the dismissal order will be vacated, and the peti-
 tion for review will be reinstated if, within 45 days of the
 date of filing of this order, Dela Rosa files his 15(c)
 Statement Concerning Discrimination (form enclosed).

                                    FOR THE COURT


                                     /s/ Jan Horbaly
                                    Jan Horbaly
                                    Clerk
 s21
