Mitchum v. McDonough

Case: 23-1611 Document: 5 Page: 1 Filed: 05/18/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ ELLA REE MITCHUM,

Claimant-Appellant v.

DENIS MCDONOUGH, Secretary of Veterans Af- fairs,

Respondent-Appellee ______________________

2023-1611 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 20-647. ______________________

ON MOTION ______________________ PER CURIAM.

ORDER

The United States Court of Appeals for Veterans Claims docketed a letter from Ella Ree Mitchum as a notice of appeal to this court from that court’s judgment dismiss- ing Ms. Mitchum’s case. See ECF No. 1-3 at 1. Ms. Mitchum now submits to this court a letter stating, among other things, that she is “NOT appealing [ ] to the [ ] United States Court of Appeals for the Federal Circuit,” that she Case: 23-1611 Document: 5 Page: 2 Filed: 05/18/2023

2 MITCHUM v. MCDONOUGH

“will NOT submit” the docketing fee, fee waiver request, or an opening brief, and that she does “NOT consent to Fed- eral Circuit Docket No: 23-1611” because it “is unauthor- ized.” ECF No. 4 at 4–5. The court construes that letter as a motion to voluntarily dismiss this appeal pursuant to Federal Rule of Appellate Procedure 42(b).

Upon consideration thereof,

IT IS ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Each side shall bear its own costs.

FOR THE COURT May 18, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court ISSUED AS A MANDATE: May 18, 2023