Case: 13-3074 Document: 29 Page: 1 Filed: 07/29/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
FRANKLIN R. PERKINS,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2013-3074
__________________________
Petition for review of the Merit Systems Protection
Board in No. DA315I120162-I-1.
__________________________
ON MOTION
__________________________
PER CURIAM.
ORDER
Franklin R. Perkins moves to obtain additional
documents through “limited discovery” and for an extension
of time to file his reply brief. The Merit Systems Protection
Board (Board) opposes the discovery request.
Because this court’s review is based upon the record of
evidence that was before the Board, discovery is not permit-
ted. 5 U.S.C. § 7703(c); Rockwell v. Dep’t of Transp., F.A.A.,
Case: 13-3074 Document: 29 Page: 2 Filed: 07/29/2013
FRANKLIN PERKINS V. MSPB 2
789 F.2d 908, 913 (Fed. Cir. 1986) (Congress expressly
limited the court’s appellate review of Board decisions “to
final orders and decisions of the board on the record.”).
Accordingly,
IT IS ORDERED THAT:
(1) The motion for limited discovery is denied.
(2) The motion for an extension of time to file the re-
ply brief is granted to the extent that Perkins’ reply brief
is due 15 days from the date of this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
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