NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit MARTIN GARDNER REIFFIN, Plaintiff-Appellant, V. MICROSOFT CORPORATION, VVILLIAM H. GATES, III, AND STEVEN A. BALLMER, Defendants-Appellees.

2012-1140 Appeal from the United States District Court for the Northern District of California in case no. 11-CV-3505, Judge Charles R. Breyer.

ON MOTION ORDER Microsoft corporation moves to dismiss the current appeal as premature. Martin Gardner Reiffin opposes.

Microsoft replies Reiffin moves for leave to file a surre- ply- Subsequently, on April 16, 2012, the district court en- tered final judgment in the underlying action. R»eiffm filed another appeal, 2012-1357, and within that notice of REIFFIN V. MICROSOFT CORP

appeal states that he withdraws this appeal, 2012-114().

We treat that statement as a withdrawal of his opposition to the motion to dismiss 2012-1140.

Accordingly, IT Is ORDERED THAT: The motions are granted Appeal 2012-1140 is dis- missed.

JUN112U12 Date cc: Joseph L. Spiegel, Esq.

Todd M. Siegel, Esq. s25 ISSUED AS A MANDATE: For The Court /s/ J an Horbaly J an Horbaly Clerk U.S. FOH Tl'lE FEDERAL CIRCU|T - JUN l 1 2012 JAN HOBBA|. ¢1111112:112 1:1511'