NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit KELLY S. JENNINGS, Petiti0ner, V. SOCIAL SECURITY ADMINISTRATION, Respon.dent.

2009-3127 Petition for review of the Merit Systems Protection Board in CB7521070026-T-1.

ON MOTION Before RADER, Chief Judge.

0 R D E R Ke11y S. Jennings moves to compel the Merit Systems Protection Board to file a corrected certified index The Social Security Administration opposes. Jennings moves for leave to respond The Social Security Administration responds JENNINGS V. SSA 2 Jennings' submissions concern the merits of his case.

Any such arguments should have been included in the briefs.

Upon consideration thereof, IT ls ORDERED THAT: (1) Jennings’ motion for leave to respond is granted (é) The motion to compel the Board to file a corrected certified list is denied (3) The joint appendix is due within 14 days of the date of filing of this order. No further extensions FoR THE CoURT JUl- 2 8 /s/ Jan Horbal_v Date J an Horba1y Clerk cc: Norman H. Jackrnan, Esq.

Austin M. Fulk, Esq. s2O § §§ §§ I" PEAl.S FOR C|RCU|T JUL 28 2010 1AN HORBALY CLERK