Case: 12-7169 Document: 35 Page: 1 Filed: 03/13/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________ RICHARD REBSTOCK, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. __________________________ 2012-7169 __________________________ Appeal from the United States Court of Appeals for Veterans Claims in 12-1171, Judge Robert N. Davis. __________________________ ON MOTION __________________________ ORDER Richard Rebstock submits a “motion to proceed” and a “motion to affirm petition.” The government responds to the motion to affirm.

To the extent that his motions seek immediate con- sideration of his case, Rebstock’s appeal is under consid- eration by the court and a disposition will issue in due Case: 12-7169 Document: 35 Page: 2 Filed: 03/13/2013

RICHARD REBSTOCK v. SHINSEKI 2 course. Thus no motion is necessary. To the extent Rebstock is arguing the merits of his case, those argu- ments belong in his brief, not motions. Nonetheless, the court will construe the motion to affirm as a request for supplemental briefing.

Upon consideration thereof, IT IS ORDERED THAT: (1) Rebstock’s motions are denied.

(2) The motion to affirm is deemed supplemental briefing. Copies shall be transmitted to the merits panel assigned to the case.

FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk

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