NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3193
MARCIA V. KNIGHT,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board in PH531 D090033-I-1.
ON MOTION
Before MAYER, Circuit Judge.
ORDER
The Department of Labor (DOL) moves to reform the official caption to designate
the Merit Systems Protection Board as respondent. Marcia V. Knight opposes.
Knight filed an appeal challenging DOL's failure to grant her a within grade
increase. The Board determined that it lacked jurisdiction over Knight's claims because
she failed to exhaust her administrative remedies by failing to seek reconsideration of
DOL's decision.
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. In this
case, the Board dismissed the appeal for lack of jurisdiction. Thus, the Board is the
proper respondent in this petition for review.
Accordingly,
IT IS ORDERED THAT:
The motion is granted. The revised official caption is reflected above.
The Board should calculate its brief due date from the date of filing of this
order.
FOR THE COURT
JUL 3 0 2009 /s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Marcia V. Knight
Douglas G. Edelschick, Esq.
Joyce G. Friedman, Esq.
F IL P
U.S. COURT OF A PPEALS FOR
THE FEDERAL CIRCUIT
s20
JUL 3.0 2009
riukkiALY
CLERK
2009-3193 2
Knight v. Merit Systems Protection Board
Combined Opinion