Gingery v. Dept. Of the Treasury

NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit STEPHEN W. GINGERY, Petiti0n,er, V. DEPARTMENT OF THE TREASURY, Respondent. 2012-3057 . Petition for review of the Merit Systems Protecti0n Board in consolidated case n0s. CH3330110126-I-1 and CH3330110127-I-1. ON MOTION PER CURIAM. 0 R D E R Stephen W. Gingery moves to reject the Merit Syste1n Protection Board’s certified index and to withdraw his motion to extend the filing deadline The Department of the Treasury opposes his motion to reject the index and takes no position on the filing dead1ine. GINGERY V. TREASURY 2 Mr. Gingery argues that the index should be rejected because it is missing critical documents The index, however, includes documents from both underlying cases before the MSPB, which the MSPB consolidated. lt includes the documents that Mr. Gingery contends are missing, except for discovery responses, which are not typically included in the ir1dex. - Mr. Gingery’s request to withdraw his motion for an extension of time was predicated on filing al new index. Because we deny his motion to reject the index, we also deny his request to withdraw his motion for an extension of time. Acc0rdingly, IT ls 0RDERED THAT: va (1) The motion to reject the certified index is denied. (2) The motion to withdraw the motion for an exten- sion of time to file Mr. Gingery’s opening brief is denied. His brief is due no later than April 2, 2012. FoR THE CoURT mm 23 gm 131 ibm H0rba1y Date J an Horbaly Clerk FlLED U.S. COUHT 0F APPEALS FOH ca Stephen Gingery THEFEDEHAl.C\RCUlT Devin A. Wolak, Esq. MAR 2-3 2012 324 JANHonBALv titan