Case: 13-3147 Document: 17 Page: 1 Filed: 09/20/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
BLANCA A. RUIZ,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent,
AND
UNITED STATES POSTAL SERVICE,
Intervenor.
__________________________
2013-3147
__________________________
Petition for review of the Merit Systems Protection
Board in No. DA0353110628-B-1.
__________________________
ON MOTION
__________________________
ORDER
The United States Postal Service (USPS) moves to
reform the caption to name the Merit Systems Protection
Board (Board) as respondent and USPS as intervenor.
Blanca A. Ruiz opposes.
Case: 13-3147 Document: 17 Page: 2 Filed: 09/20/2013
RUIZ V. MSPB 2
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
nated as the respondent when the Board's decision con-
cerns the procedure or jurisdiction of the Board. The
employing agency is designated as the respondent when
the Board reaches the merits of the underlying case. Here,
the Board dismissed this appeal for lack of jurisdiction.
Thus, the Board is the proper respondent in this petition
for review.
Accordingly,
IT IS ORDERED THAT:
The motions are granted. The revised official caption is
reflected above.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s21