Case: 12-7084 Document: 27 Page: 1 Filed: 12/04/2012

NOTE: This order is nonprecedential.

Wniteb ~tate~ ~ourt of ~peaI~ for tbe jfeberaI ~ircuit DANIEL R. SMITH, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.

2012-7084

Appeal from the United States Court of Appeals for Veterans Claims in 08-1959, Judge Robert N. Davis.

ON MOTION

ORDER The Secretary of Veterans Affairs moves without op- position for extensions of time, until November 29, 2012, to file his response brief. Daniel R. Smith moves to volun- tarily withdraw his appeal due to settlement.

Upon consideration thereof, IT Is ORDERED THAT: Case: 12-7084 Document: 27 Page: 2 Filed: 12/04/2012

DANIEL SMITH v. SHINSEKI 2

(1) The motion to withdraw the appeal is granted.

The appeal is dismissed. (2) All other pending motions are moot. (2) Each side shall bear its own costs.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk s21

DEC 04 2012 Issued As A Mandate: ---=-.;;-------