NOTE: This order is nonprecedentia|.

United States Court of Appea|s for the Federa| Circuit 2o1o_3os3 LEONCIO F. DANA, Petitioner, V. oFFicE or r->ERsoNNEL iviANAcEiviENr, Respondent_ Petition for review of the N|erit 83/stems Proteotion Board in case no. SF0831090902-i-1.

ON MOT|0N R D E R Upon consideration of the petitioner's motion to withdraw the petition for review and motion to proceed in forma pauperis, |T |S ORDERED TI-|AT: (1) The motion to withdraw the petition is granted The petition is dismissed. (2) The motion for leave to proceed in forma pauperis is moot. (2) Each side sha|i bear its own costs.

FOR THE COURT APR 1 -5 mm /slJan HorbaIy j Date Jan Horba|y j C1erk cc: Leoncio F.-Dana u ?pgmm Christopher L. Krafchek, Esq_ C'RCU'T APR 1 6 2010 issues As A ivlANoATE: APR 1 6 2010 cr .|AN HORBALY CLERK