
    Steven EVANS, Petitioner, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent.
    No. 2011-3185.
    United States Court of Appeals, Federal Circuit.
    Feb. 17, 2012.
    Neil Landeen, Yen, Pilch & Komadina, P.C., Phoenix, AZ, for Petitioner.
    Alex P. Hontos, Department of Justice, Washington, DC, for Respondent.
   ON MOTION

ORDER

Steven Evans moves for dismissal with prejudice pursuant to Fed. R.App. P. 42(b);

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs. 
      
       We note that the parties' request that this dismissal be with prejudice, however, it is not the practice of this court to dismiss with or without prejudice.
     