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NOTE: This order is nonprecedential.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 days of this order.

FOR THE COURT

lsI Jan Horbaly Jan Horbaly Clerk s26