
    Irving TORRES-RIVERA, Petitioner, v. DEPARTMENT OF DEFENSE, Respondent.
    No. 04-3109.
    United States Court of Appeals, Federal Circuit.
    DECIDED: Sept. 3, 2004.
    Domenique Kirchner, Bryant G. Snee, David M. Cohen, Department of Justice, Washington, DC, for Respondent.
    
      Richard J. Hirn, Washington, DC, for Petitioner.
   ORDER

The parties having so agreed, it is

ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b).  