DocketNumber: 2011-5123
Filed Date: 3/12/2012
Status: Non-Precedential
Modified Date: 4/18/2021
NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit ROBERT A. DUBSKY, Plaintiff-Appellant, V. UNITED STATES, Defendcmt-Appellee. 2011-5123 Appea1 from the United States Court of Federa1 C1aims in case no. 05-CV-397, Judge Thomas C. Whee1er. ON MOTION ORDER Robert A. Dubsky moves for leave to file his opening brief out of time."‘ * The court notes that the brief contains footnotes that are not in the required 14 point type The court waives the requirement in this instance but directs coun- se1's attention to the ru1es. Fed. R. App. P. 32(a)(5)(A). DUBSKY V. US 2 Upon consideration thereof, IT ls OR1)ERED THAT: The motion is granted The mandate is recalled, the dismissal order is Vacated, and the appeal is reinstated. The United States should calculate its brief due date from the date of filing of this order. FoR THE COURT l'1AR 1 2 2012 /s/ J an Horbal§,; Date J an Horba1y Clerk cc: EdWard A. Zimmerman, Esq. D0uglas K. Mickle, Esq. 25 ` FlLEo S U.S. CUURT 0F APPEALS FUH THE FEDERAL ClRCUlT HAR 12 2012 JAN HORBALY CLEHK