NOTE: This order is nonprecedential United States Court of Appea|s for the Federal Circuit 2010-30'/0 THEODORE W. MAKsE, Petitioner, V. 0FF1CE 0F PERs0NNEL MANAGEMENT, Respondent_ Petition for review of the Merit Systems Protection Board in case no. CH0831090779-|-1.

ON MOTl0N ` 0 R D E R Upon consideration of the petitioner's motion to withdraw his petition for review,' |T |S ORDERED THAT: (1) The motion is granted The petition is dismissed (2) Each side shall bear its own costs.

FOR THE COURT FEB 2 4 mm lsi Jan Horbaly Date Jan Horbaly C|erk cc: Theodore Makse u_3_ ¢0URFy;§:,)PEALs F0R Antonia R. Soares, Esq. THE FEDERAL C|RCUlT FEB 24 zinc issuED As A MANoATE; FEB 2 4 2010 1AN HORBALY cLERK ' The petitioner also asks that the docketing fee for this petition be applied to the docketing fee for a possible future petition |f the petitioner files another petition, he may at that time request that the previous fee be app|ied, and the court will consider his request at that time.