NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit VVILLIAM H. ARMSTRONG, Petitioner, - V. DEPARTMENT OF THE TREASURY, Resp0nden,t. 2011-3015 .. Petition for review of the Merit Systems Protection B0ard in case no. DC075208U188-lV[-1. ON MOTION Before PROST, Circuit Judge. 0 R D E R Wi1liam H. Armstrong moves without opposition to adopt the corrected appendix previously filed in related case 2009-3115. Armstr0ng further moves without oppo- sition to take judicial notice of two documents filed in a

ARMSTRONG V. TREASU`RY 2 court proceeding Armstrong v. Thomas, No. 10-CV-00945 (D. D.C. 2010)." The adoption of the appendix filed in an earlier case is not proper. Judicial notice may be appropriate with respect to public documents and decisions of other courts. HoWever, the relevance of such materials is left to the discretion of the merits panel. Accordingly, lT lS ORDERED TI-IAT2 (1) The motion to adopt the earlier appendix is denied. Armstrong’s joint appendix for this case, includ- ing only documents cited by the parties in this petition and items required by Fed. Cir. R. 30, is due within 15 days of the date of filing of this order. . (2) The motion to take judicial notice is granted A copy of this order shall be transmitted to the merits panel assigned to hear this case, to inform the panel regarding the documents. FOR THE COURT AuG 0 1 /s/ Jan Horbaly Date J an Horbaly Clerk F5LED _ U.S. CUURT OF APPEALS FOR co: Kev1n E, Byrnes, Esq. THE FEDERAL ClRCUIT Christopher Bowen, Esq. /gus 0 1 2011 s24 1 ~~~ .lANHORBALY ‘ Armstrong misidentifies the case name and num- CLEH( ber in the moti0n, but attached the three documents at issue for judicial notice from Case No. 10-CV-00945.