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Wiggins v. Merit Sys. Prot. Bd.

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
Jan 3, 2012
2011-3114 (Fed. Cir. Jan. 3, 2012)

Opinion

2011-3114

01-03-2012

WAYNE F. WIGGINS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.


NOTE: This order is nonprecedential.

Petition for review of the Merit Systems Protection Board in case no. CH0752100618-I-1.

ON MOTION


Before LINN, Circuit Judge,


ORDER

The Merit Systems Protection Board (MSPB) moves to strike portions of the joint appendix and Wayne F. Wiggins' (Wiggins) opening brief. Wiggins opposes.

Rule 16 of the Rules Federal Rules of Appellate Procedure provides that the record on appeal is generally limited to the original papers and exhibits filed at the 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 IS ORDERED THAT:

The motion is granted. Wiggins 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 Horbaly

Clerk

cc: R. Mark Nasteff, Jr., Esq.

Michael Carney, Esq.

s24


Summaries of

Wiggins v. Merit Sys. Prot. Bd.

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
Jan 3, 2012
2011-3114 (Fed. Cir. Jan. 3, 2012)
Case details for

Wiggins v. Merit Sys. Prot. Bd.

Case Details

Full title:WAYNE F. WIGGINS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD…

Court:UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

Date published: Jan 3, 2012

Citations

2011-3114 (Fed. Cir. Jan. 3, 2012)