Case: 24-1855 Document: 35 Page: 1 Filed: 02/25/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ FREDERICK UPCHURCH, Petitioner v. DEPARTMENT OF DEFENSE, Respondent ______________________ 2024-1855 ______________________ Petition for review of the Merit Systems Protection Board in No. PH-0752-21-0350-I-1. ______________________ ORDER The parties having so agreed, it is ordered that: (1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b).

Case: 24-1855 Document: 35 Page: 2 Filed: 02/25/2025

2 UPCHURCH V. DEFENSE

(2) Each side shall bear their own costs.

FOR THE COURT

February 25, 2025 Date

ISSUED AS A MANDATE: February 25, 2025