Case: 14-3017 Document: 15 Page: 1 Filed: 03/04/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ELBERT HICKS,
Petitioner,
v.
UNITED STATES POSTAL SERVICE,
Respondent.
______________________
2014-3017
______________________
Petition for review of the Merit Systems Protection
Board in No. PH3443120485-I-1.
______________________
ON MOTION
______________________
PER CURIAM.
ORDER
Elbert Hicks moves to amend his petition for review
to include review of a decision of the Merit Systems
Protection Board different than the one identified in the
above caption.
It does not appear that there was a final Board deci-
sion or order when Hicks filed the motion to amend.
Case: 14-3017 Document: 15 Page: 2 Filed: 03/04/2014
2 HICKS v. USPS
However, the Board issued a final order on February 4,
2013.
Hicks also submits two motions to stay proceedings in
the petition before this court and a motion to supplement
the record. Concerning his motion to supplement, Rule
16(a) of the Rules Federal Rules of Appellate Procedure
provides that the record on appeal is generally limited to
the original pleadings, evidence, and other parts of the
proceedings before the agency. See also Cruz v. Depart-
ment of the Navy, 934 F.2d 1240, 1245 n.6 (Fed. Cir. 1991)
(refusing to consider evidence that was not before the
Board and not part of the record on appeal). 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.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to supplement the record is denied.
(2) The motion to amend the petition is denied.
(3) The motions to stay are granted to the extent that
Hicks must formally file a petition for review in PH-3443-
13-0185-I-1 by April 7, 2014. That petition would then be
consolidated with this petition.
(4) Hicks’ brief is due to the court no later than June
6, 2014.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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