NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit EDWARD S. DESMORE, SR., Claimant-Appellan,t, V. .

ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.

2010~7135 Appea1 from the United States Court of Appeals for Veterans C1ai1ns in case no. 08-2488, Judge Mary J.

Schoe1en.

ORDER EdWard S. Desm0re, Sr. has not responded to the eourt’s September 16, 2010 order directing him to show cause why his appeal should not be dismissed as un- timely.

Upon consideration thereof, IT ls ORDERED THAT: (1) The appeal is dismissed (2) Each side shall bear its own costs.

DESMORE V. DVA FoR THE CoURT N0v 3 0 mm /s/ Jan Horbaly Date J an Horba1y cc: EdWard S. Desmore, Sr. Michae1 N. O’Connell, Jr., Esq.

Clerk s17 p|LE?_ U.S. COURT 0F LS FOR THE FEDERAL Cll%U|T - NOV 301 2010 JAN HORBAL¥ CLElK