ORDER

On December 29, 2009 the court issued an order allowing David Galloway (“Galloway”) 21 days to pay the docketing fee and file a Fed. Cir. R. 15(c) statement concerning discrimination. Galloway has failed to comply.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) This appeal is dismissed.

(2) Each side shall bear its own costs.