
    FORT MOJAVE INDIAN TRIBE, Appellant, v. Kathleen SEBELIUS, Secretary of Health and Human Services, Appellee.
    No. 2009-1232.
    United States Court of Appeals, Federal Circuit.
    Aug. 27, 2009.
   ON MOTION

ORDER

Fort Mojave Indian Tribe moves to withdraw its appeal.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs. 
      
      Fori Mojave requests that this dismissal be with prejudice; however, it is not the practice of this court to dismiss with or without prejudice.
     