NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit DAVID KISSI, Plaintiff-Appellant, V. UNITED STATES, Defendant-Appellee.

2012-5025 ~ Appeal from the United States Court of Federal Claims in case no. 11~CV-347, Judge Thomas C. Wheeler.

ON MOTION ORDER The court construes David Kissi’s motion to “dismiss” the United States’ response brief as a motion to strike the brief. The United States opposes.

Upon consideration thereof, IT Is ORDERED THAT: The motion is denied.

KISSI V. US NAY 07 2012 Date ccc David Kissi Alex P. Hontos, Esq. s19 FoR THE CoURT /s/ Jan Horbal__\; J an Horbaly Clerk FILED U.S. COURT OF APPEALS FOH THE FEBERAL CIRCU|T HAY 0 7 2012 JAN HURBALY CI.ERK __