Case: 13-3127 Document: 35 Page: 1 Filed: 11/05/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

BOYD TYRONE RUCKER, Petitioner,

v.

DEPARTMENT OF THE NAVY, Respondent. ______________________

2013-3127 ______________________

Petition for review of an arbitrator’s decision in No. 131203-51687-3 by Marvin J. Feldman. ______________________

ON MOTION ______________________

ORDER Boyd Tyrone Rucker moves to withdraw his petition pursuant to Federal Rule of Appellate Procedure 42(b). * Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted. The petition is dismissed. (2) Each side shall bear its own costs. Case: 13-3127 Document: 35 Page: 2 Filed: 11/05/2014

2 RUCKER v. NAVY

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s21

ISSUED AS A MANDATE: November 5, 2014

Although Mr. Rucker requests that his petition be *

dismissed with prejudice, the court does not usually designate voluntary dismissals as being with or without prejudice.