Payne v. Gibson

U.S. Court of Appeals for the Federal Circuit

Payne v. Gibson

Opinion

Case: 14-7073 Document: 17 Page: 1 Filed: 07/01/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MARCUS SEBASTIAN PAYNE, Claimant-Appellant,

v.

SLOAN D. GIBSON, ACTING SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________

2014-7073 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 13-3384, Judge William A. Moor- man. ______________________

ON MOTION ______________________

PER CURIAM. ORDER Marcus Sebastian Payne moves for the court to take judicial notice of certain documents that he states were not before the Court of Appeals for Veterans Claims (“Veterans Court”). He separately moves to supplement the appendix and for leave to file a supplemental brief. Case: 14-7073 Document: 17 Page: 2 Filed: 07/01/2014

2 PAYNE v. GIBSON

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. Additionally, the rules do not contemplate filing a supplemental brief. See Fed. R. App. P. 28. Accordingly, IT IS ORDERED THAT: The motions are denied. FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s26

Reference

Status
Unpublished