Wieser v. Department of Army
This text of 274 F. App'x 872 (Wieser v. Department of Army) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ON MOTION
ORDER
Robert J. Wieser moves for reconsideration or clarification of the court’s order dismissing his petition for review for failure to file an appendix.
It appears that Wieser intends the attachments to his opening brief to constitute his appendix in this case, although the cover of the brief did not identify the brief as a “Brief and Appendix.” See Fed. Cir. R. 30(d)(1). The court will waive that deficiency in this instance. Wieser is advised that the record on review is not transmitted to this court, Fed. Cir. R. 17(a), and thus any documents that Wieser seeks to bring to the attention of the court should have been included in the appendix.
Accordingly,
IT IS ORDERED THAT:
The motion is granted, the mandate is recalled, the dismissal order is vacated, and the petition for review is reinstated.
[873]*873Wieser’s opening brief shall be treated as his brief and appendix.
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274 F. App'x 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wieser-v-department-of-army-cafc-2008.