ORDER

On February 4, 2008 the court issued an order allowing Eloy Barnachea (“Barna-chea”) 21 days to notify the court whether he intends to proceed with his case or dismiss his appeal. Barnachea has failed to respond with in the time allowed.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) This appeal is dismissed.

(2) Each side shall bear its own costs.