NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3194
JANET E. JONES,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board in DE4324080396-I-1.
ON MOTION
Before MAYER, Circuit Judge.
ORDER
The Department of the Air Force moves to reform the official caption to designate
the Merit Systems Protection Board as respondent.
Jones filed an appeal alleging that the Air Force did not hire her for a military
passenger terminal clerk position in violation of the Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA). The Board concluded that it did not have
jurisdiction over Jones' claim, finding that she did not allege that she was not hired due to
her military service.
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 to reform the official caption is granted. The revised official
caption is reflected above.
The Board's brief is due within 21 days of the date of filing of this order.
FOR THE COURT
JUL 21 2009 /s/ Jan Horbalv
Date Jan Horbaly
Clerk
cc: Janet E. Jones
Austin M. Fulk, Esq.
Jeffrey Gauger, Esq. (copy of Jones' informal brief enclosed)
s20
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U.3,_.
esum 9F APPEALS POR
FRE FEDERAL CIRCuir
JUL 21 2009
JAN HORBALY
CLERK
2009-3194 2