NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3165
EDWIN FONG,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board in SF0752080497-1-1.
ON MOTION
ORDER
The United States Postal Service moves without opposition to reform the official
caption to designate the Merit Systems Protection Board as respondent.
Edwin Fong filed an appeal at the Board alleging that the Postal Service
improperly reassigned him and failed to follow applicable reduction-in-force regulations.
Additionally, Fong alleged that his subsequent acceptance of a support specialist position
was an involuntary reduction-in-grade. The Board determined that it lacked jurisdiction
over Fong's claims because the reassignment and his acceptance of another position
with the same pay and grade were not appealable adverse actions.
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 23 2009
/s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Edwin Fong
Austin M. Fulk, Esq.
PILED
Joyce G. Friedman, Esq. U.S. COURT OF APPEALS FOR
ME FEDERAL CIRCUIT
s20 JUL 23 2009
JAN HOADALT
CLERK
2009-3165 2