Smith v. Dept. Of Veterans Affairs

Case: 12-7084 Document: 27 Page: 1 Filed: 12/04/2012 NOTE: This order is nonprecedential. Wniteb ~tate~ ~ourt of ~peaI~ for tbe jfeberaI ~ircuit DANIEL R. SMITH, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. 2012-7084 Appeal from the United States Court of Appeals for Veterans Claims in 08-1959, Judge Robert N. Davis. ON MOTION ORDER The Secretary of Veterans Affairs moves without op- position for extensions of time, until November 29, 2012, to file his response brief. Daniel R. Smith moves to volun- tarily withdraw his appeal due to settlement. Upon consideration thereof, IT Is ORDERED THAT: Case: 12-7084 Document: 27 Page: 2 Filed: 12/04/2012 DANIEL SMITH v. SHINSEKI 2 (1) The motion to withdraw the appeal is granted. The appeal is dismissed. (2) All other pending motions are moot. (2) Each side shall bear its own costs. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s21 DEC 04 2012 Issued As A Mandate: ---=-.;;-------