DocketNumber: 2011-3174
Filed Date: 2/3/2012
Status: Non-Precedential
Modified Date: 4/18/2021
NOTE: This order is nonprecedential. United States Court of Appeals for the FederaI Circuit KURT CHADWELL, Petitioner, V. MERIT SYSTEMS PROTECTION BOARD, Resp0ndent, AND OFFICE OF PERSONNEL MANAGEMENT, Intervenor. ~ 2011-3174 Petition for review of the Merit Systems Protection Board in DA30OAO9068{)-I-1. ON MOTION ORDER Kurt Chadwe11 moves to compel the Merit Systems Protecti0n Board (“Board”) to produce to him the complete administrative record of his appeal before the Board. Separate1y, Chadwell seeks an extension of time, until CHADWELL V. MSPB 2 February 10, 2012, to file his initial brief. The Board did not respond to either motion. On August 9, 2011, this court received the Board’s certiHed list of documents in the administrative record of ChadWell’s appeal to the Board, submitted pursuant to Federal Circuit Rule 17. Chadwell states that he requested a copy of these documents on August 15, 2011. He states that he subsequently received a compact disc from the Board, purporting to include an electronic copy of the "complete record." According to Chadwell,i he recently discovered that the disc did not include all of the documents identified on the Board’s certified list. Al1 the documents Chadwell identifies by number as missing from the disc correspond to documents identified by the certiEed list as submissions by the Appellant, i.e., by Chadwell himself Chadwell has not asserted that he lacks copies, albeit not on the disc provided by the Board, of these documents. Rather, Chadwell avers that he should not be expected to file his brief “until after Respondent has provided Petitioner with a complete copy of the administrative record." Because Chadwell asserts only that he lacks a copy from the Board of these documents, rather than that he lacks any copies of these documents, he has not demonstrated a harm that would justify further consideration of his motion to compel. In any event, as noted in the court's Guide for Pro Se Petitioners, paragraph # 11, requests for portions of the record must be directed to the Board. Accordingly, IT ls ORDERED THA'i‘: (1) The motion to compel is denied 3 CHADWELL V. MSPB (2) The motion for an extension of time is granted. Chadwell’s initial brief is due on or before February 10, 2012. No further extensions should be anticipated FOR THE COURT FEB 03 2012 Date /s/ J an Horbaly J an Horbaly Clerk cci K“1`t Chadwell u.s.couni:i)"E§\'r?PsnLsF Jeffrey Gauger, Esq. 11-1EFEn£nALc1nculT Matthew F. Scarlato, Esq. 323 FEB 03 2012 JAN HORBA\.¥ - CLEiK 03