
    Walter J. BENN, Jr., Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.
    No. 2008-3357.
    United States Court of Appeals, Federal Circuit.
    Jan. 5, 2009.
   ORDER

Petitioner having paid the docketing fee and filed the required Statement Concerning Discrimination.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The court’s December 15, 2008 dismissal order is vacated, the mandate is recalled, and the petition for review is reinstated.

(2) Petitioner’s brief is due on or before January 26, 2008.  