Jones v. Merit Systems Protection Board

NOTE: This order is nonprecedentia|. United States Court of AppeaIs for the Federal Circuit 2010-3074 BRYANT C. JONES, Petitioner, ` v. MER|T SYSTEMS PROTECTION BOARD, Respondent. On petition for review of the Merit Systems Protection Board in case no. CH0752090905-1-1. ON MOT|ON 0 R D E R The Department of Justice moves without opposition to reform the official caption to designate the Merit Systems Protection Board as the respondent. Pursuant to 5 U.S.C. § 7703(a)(2), the Board is designated as the respondent when the Board's decision concerns the procedure or jurisdiction of the Board. The deciding agency is designated as the respondent when the Board reaches the merits of the underlying case. |n this case, the Board dismissed the appeal for lack of jurisdiction Thus, the Board is the proper respondent. According|y, |T lS ORDERED THAT: The motion is granted. The revised official caption is reflected above FOR THE COURT mm 26 2010 /3/ran names Date jj Jan Horba|y Clerk cci Gregory Tyrone Mitche||, Esq. Tara K. Hogan, Esq. Sara B. Rearden, Esq. u_S_ couRfE,';§%EA,_S FOR THE F£nERAL ciRcuir 320 ma 2 6 2010 JAN HORBALY CLERK 2010-3074 2