NOTE: This order is nonprecedential.
Wniteb ~tate~ (!Court of §ppeaI~
for tbe jfeberaI (!Circuit
MATTHEW J. NASUTI,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
2011-3048
Petition for review of the Merit Systems Protection
Board in case no. DC1221090356-M-1.
ON MOTION
ORDER
The Department of State moves to recaption to name
the Merit Systems Protection Board as respondent.
Matthew Nasuti opposes.
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,
NASUTI v. MSPB 2
the Board dismissed Nasuti's appeal for lack of jurisdiction,
concluding that the letter he submitted could not be con-
sidered new evidence and added to the record. The Board
never reached the merits.
Accordingly,
IT Is ORDERED THAT:
(1) The motion is granted. The revised official cap-
tion is reflected above.
(2) The Board should calculate its brief due date from
the date of filing of this order.
FOR THE COURT
MAR 10 2011 /s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Matthew J. Nasuti FILED
u.s. COURT OF APPEALS FOR
A. Bondurant Eley, Esq. THE FEDERAL CIRCUIT
Jeffrey A. Gauger, Esq.
MAR 102011
s23
JAti HORBAlY
C\.EII(