NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3190
JOHN-PIERRE BANEY,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board
in DAl221090177-W-1.
ON MOTION
ORDER
The Department of Justice moves to reform the official caption to designate the
Merit Systems Protection Board as the respondent. John-Pierre Baney submits a form
requesting waiver of the requirement that he pay the docketing fee.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is designated as the respondent when
the Board's decision concerns solely the procedure or jurisdiction of the Board. The
employing agency is designated as the respondent when the Board reaches the merits of
the underlying case.
Upon consideration thereof,
IT IS ORDERED THAT:
The motion to reform the official caption is granted. The revised official
caption is reflected above.
The requirement that Baney pay the docketing fee is waived.
FOR THE COURT
JUN 2 5 2009 /s/ Jan Horbalv
Date Jan Horbaly
Clerk
eaUfkIPPEALS FOR
cc: John-Pierre Baney THE F D CIRCUIT
Jane C. Dempsey, Esq.
Jeffrey Gauger, Esq. JUN 2 5 2009
s8 JAN HORSMY
CLERK
2009-3190 -2-