Wiggins v. Merit Systems Protection Board

• Court: Court of Appeals for the Federal Circuit
• Decided: January 3, 2012
• Docket: 2011-3114
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit WAYNE F. WIGGINS, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Respon,dent. ° 2011-3114 . Petition for review of the Merit Systems Protection Board in case no. CH0752100618-I-1. ON MOTION Before LINN, Circuit Judge. 0 R D E R The Merit Systems Protection Board (MSPB) moves to strike portions of the joint appendix and Wayne F. Wig- gins’ (Wiggins) opening brief Wiggins opposes. Rule 16 of the Rules Federal Rules of Appellate Pro- cedure provides that the record on appeal is generally limited to the original papers and exhibits filed at the

WIGGINS V. MSPB 2 agency, in this case the Merit Systems Protection Board. Although the Rules of Evidence authorize judicial notice of certain facts outside of the record, the court is not persuaded that such action is warranted here. Upon consideration thereof, IT ls ORDERED THAT: The motion is granted Wigg'ins must file a corrected brief and a corrected appendix that does not contain or refer to the stricken material within 21 days of the date of filing of this order FOR THE COURT JAN 03 2012 /s/ J an Horb`al_\; Date J an Horbaly Clerk FlLED cc: R. Mark Nasteff, Jr., Esq. U-ST$‘9E'il*EBE§A*?_P(§§%\[§1F°H Michael Carney, Esq. 324 JAN 03 2012 JAN HDHBALV CLEBK