Case: 13-7052 Document: 15 Page: 1 Filed: 05/01/2013

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ RUSSELL L. BAILEY, Claimant-Appellant, v. Eric K. Shinseki, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________ 2013-7052 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 11-0465, Judge Lawrence B.

Hagel. ______________________ ON MOTION ______________________ PER CURIAM.

ORDER The Secretary of Veterans Affairs submits his “infor- mal brief with supplemental appendix and motion to dismiss.”

Case: 13-7052 Document: 15 Page: 2 Filed: 05/01/2013

2 RUSSELL BAILEY v. SHINSEKI To the extent that the Secretary moves to dismiss such motion is deferred to the merits panel assigned to hear the case.

Accordingly, IT IS ORDERED THAT: The motion to dismiss shall be deferred to the merits panel.

FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk

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