Case: 12-3099 Document: 22 Page: 1 Filed: 11/02/2012
NOTE: This order is nonprecedential.
muitett ~tate5 Court of ~peaI5
for tbe jfeberaI <!Circuit
KENNETH P. BEYERS,
Petitioner,
v.
DEPARTMENT OF STATE,
Respondent.
2012-3099
Petition for review of the Merit Systems Protection
Board in case no. DC3330110538-1-1.
ON MOTION
Before SCHALL, Circuit Judge.
ORDER
Kenneth P. Beyers moves to amend the certified list
with additional documents not before the Merit Systems
Protections Board (Board) in this case. The Department of
State responds.
This court's review is based upon the record of evi-
dence that was before the Board. See Fed. R. App. P.
Case: 12-3099 Document: 22 Page: 2 Filed: 11/02/2012
KENNETH BEYERS V. STATE 2
10(a)(1). The certified list cannot be expanded to include
items not before the Board. Beyers may of course include
in the appendix of his brief previous Board orders or
decisions.
Upon consideration thereof,
IT Is ORDERED THAT:
(1) The motion is denied.
(2) All other pending motions are denied as moot.
(3) If Beyers wishes to move for leave to amend his
opening brief, that motion must be received by the
court within 21 days of the date of this order. If
Beyers does not move to amend his opening brief,
then the Department of State's brief is due within
40 days of this order.
FOR THE COURT
lsI Jan Horbaly
Jan Horbaly
Clerk
s26