NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit DONALD J. DAVIS, Claim,ant-Appellant, ` v. ` ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.

2010-7130 Appea1 hom the United States C0urt of Appeals for Veterans C1ai1ns in case n0. 08-325'7, Judge Wi11iam A.

M0orrnan.

ON MOTION ORDER D0naId J. Davis’ filing of his informa1- brief is con- strued as a motion for leave to file his brief out-of-time.

The Secretary of Veterans Affairs does not oppose Upon consideration thereof DAVIS v. DVA 2 I'1‘ ls ORnERED THAT: The motion is granted The Secretary’s informal brief is due within 21 days from the date of filing of this order.

FOR THE CoUR'r 0CT 2 1 2010 /s/ J an Horbal_\[ Date J an Horbaly Clerk cc: Donald J. Davis Alex P. Hontos, Esq. s19 FlLED u.s. c0uRT or APPEALs FoR ms FEnERAL concurs 0CT 2 1 2010 .IAN HORBALY CLERK