Case: 14-7005 Document: 15 Page: 1 Filed: 02/19/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ HOWARD NEWGARD, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________ 2014-7005 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 12-1334, Chief Judge Bruce E.

Kasold. ______________________ ON MOTION ______________________ PER CURIAM.

ORDER Howard Newgard moves the court to take judicial notice of certain documents that he states were not before the Court of Appeals for Veterans Claims (“Veterans Court”). The Secretary of Veterans Affairs opposes.

Case: 14-7005 Document: 15 Page: 2 Filed: 02/19/2014

2 NEWGARD v. SHINSEKI

The record on appeal should only include the papers and exhibits filed in the Veterans Court. See Fed. R. App. P. 10(a). Although the Federal Rules of Evidence author- ize judicial notice of certain documents outside of the record, the court is not persuaded that such action is warranted here. See Fed. R. Evid. 201.

Accordingly, IT IS ORDERED THAT: The motion is denied. The appellant’s opening brief, which does not include the documents, is accepted for filing.

FOR THE COURT /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

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