. NOTE: This order is nonprecedential.

United States Court of Appea|s for the Federal Circuit 2009-3279 DAV|D GALLOWAY, . Petitioner, v. DEPARTMENT OF /-\GRICULTURE, Respondent.

Petiti0n for review of the Merit Systems Protection Board in ATO752061173-C-3.

0 R D E R David Galloway has not responded to the court's September 3, 2009 letter informing him that his petition would be dismissed absent a response within 21 days.

Upon consideration thereof, lT IS ORDERED THAT: (‘i) The petition for review is dismissed (2) Each side shall bear its own costs.

FOR THE COURT 0CT 21 2009 _ __ _[sl Jan Horbaly __ ___ cc' Date Jan Horbaly C|erk FILE Da\/id G3"OW3Y us count or AP=EALs ron Jessica R. Toplin, Esq. THE FEDERAL C|RCUlT 0CT 21 2009 im HORBAi.v cm