Case: 13-3074     Document: 29     Page: 1    Filed: 07/29/2013




            NOTE: This order is nonprecedential.

   United States Court of Appeals
       for the Federal Circuit
                 __________________________

                 FRANKLIN R. PERKINS,
                      Petitioner,
                              v.
       MERIT SYSTEMS PROTECTION BOARD,
                  Respondent.
                 __________________________

                         2013-3074
                 __________________________

    Petition for review of the Merit Systems Protection
 Board in No. DA315I120162-I-1.
               __________________________

                       ON MOTION
                 __________________________

                         PER CURIAM.
                          ORDER
      Franklin R. Perkins moves to obtain additional
 documents through “limited discovery” and for an extension
 of time to file his reply brief. The Merit Systems Protection
 Board (Board) opposes the discovery request.
     Because this court’s review is based upon the record of
 evidence that was before the Board, discovery is not permit-
 ted. 5 U.S.C. § 7703(c); Rockwell v. Dep’t of Transp., F.A.A.,
Case: 13-3074         Document: 29   Page: 2   Filed: 07/29/2013




 FRANKLIN PERKINS V. MSPB                                      2


 789 F.2d 908, 913 (Fed. Cir. 1986) (Congress expressly
 limited the court’s appellate review of Board decisions “to
 final orders and decisions of the board on the record.”).
       Accordingly,
       IT IS ORDERED THAT:
       (1) The motion for limited discovery is denied.
     (2) The motion for an extension of time to file the re-
 ply brief is granted to the extent that Perkins’ reply brief
 is due 15 days from the date of this order.


                                       FOR THE COURT


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