PAYNE v. GIBSON , No. 14-7073 (Fed. Cir. 2014)
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Case: 14-7073 Document: 17 Page: 1 Filed: 07/01/2014 NOTE: This order is nonprecedential.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. Moorman. ______________________ 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 2 Page: 2 Filed: 07/01/2014 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 authorize 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
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