NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3148
HENRY J. MUMME, JR.,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board in NY3330080318-I-1.
ON MOTION
Before BRYSON, Circuit Judge.
ORDER
The Department of Veterans Affairs moves to reform the official caption to
designate the Merit Systems Protection Board as respondent. We treat Henry J.
Mumme, Jr.'s submission received on June 11, 2009 as an opposition to the motion.
The Board dismissed Mumme's appeal, challenging his non-selection for a
registered nurse position, for lack of jurisdiction. The Board determined that the
appointment of medical professionals under 38 U.S.C. §§ 7401, 7403 is not subject to
veterans' preference rights and thus Mumme has no right to appeal an alleged violation of
such rights. 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
JUN 3 0 2009 /s/ Jan Horbalv
Date Jan Horbaly
Clerk
Ines
cc: Henry J. Humme, Jr. u.s• SOURTgF APPEALS FOR
THE FEDERAL CIRCUIT
Matthew H. Solomson, Esq.
Joyce G. Friedman, Esq.
JUN 3 0 2009
JAN HOR8ALY
s20 CLERK
2009-3148 2