NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3137
RONALD L. ROSS,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board in SF3443080410-I-1.
ON MOTION
Before NEWMAN, Circuit Judge.
ORDER
The United States Postal Service moves to reform the official caption to designate
the Merit Systems Protection Board as respondent. Ronald L. Ross opposes.
Ross filed an appeal with the Board challenging his non-selection for a promotion
to the position of Area Maintenance Technician. The Board concluded that it did not have
jurisdiction over Ross's claim because an agency's decision to not select an employee for
a promotion is not appealable to the Board.
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's informal brief is due within 21 days from the date of filing of this
order.
FOR THE COURT
JUN -1 2009
/s/ Jan Horbalv
Date Jan Horbaly
Clerk U.ST EUFi
.HCO
EPPEA UI T "
CMCIS
cc: Ronald L. Ross
Scott A. MacGriff, Esq.
JUN 0 1 2009
Sara Rearden, Esq.
Lur nunoni.!
CLERK
s20
2009-3137 2