NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3114
DORIS ANN HALL,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board in DC0752080544-1-1.
ON MOTION
Before LINN, Circuit Judge.
ORDER
The Department of Homeland Security (DHS) moves to reform the official caption
to designate the Merit Systems Protection Board as respondent. DHS also moves for an
extension of time to file its response brief. Doris Ann Hall moves for an extension of time
to respond to the agency's motion to reform the official caption.
Hall filed an appeal alleging that DHS constructively discharged her from her
position as a human resource specialist. The Board concluded that it did not have
jurisdiction over Hall's claim, finding that she had not made nonfrivolous arguments in
support of her claim that she involuntarily retired.
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 should calculate its brief due date from the date of filing of this
order.
DHS's motion for an extension of time is denied as moot.
Hall's motion for an extension of time is denied.
FOR THE COURT
APR 21 2009
/s/ Jan Horbaly
Date Jan Horbaly
FILED
Clerk U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
cc: Doris Ann Hall
Devin A. Wolak, Esq. APR 2 1 2009
Stephanie Conley, Esq. (copy of Hall's informal brief enclosed)
.11th HOW/Ai
CLERK
s20
2009-3114 2