
    Anthony D. CUNNINGHAM, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.
    No. 2009-3028.
    United States Court of Appeals, Federal Circuit.
    Dec. 9, 2008.
    Anthony D. Cunningham, Cleveland, OH, pro se.
    Morgan E. Rehrig, Teresa A. Gonsalves, U.S. Postal Service, Scott A. MacGriff, Department of Justice, Washington, DC, for Respondent.
   ORDER

Petitioner having filed the required Statement Concerning Discrimination, Upon consideration thereof,

IT IS ORDERED THAT:

(1) The court’s November 25, 2008 dismissal order is vacated, the mandate is recalled, and the petition for review is reinstated.

(2) Respondent’s brief is due on or before December 30, 2008.  