NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3078
BERNARDITA B. ARMACHUELO,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board in SF0831080423-I-1.
ON MOTION
Before MOORE, Circuit Judge.
ORDER
The Office of Personnel Management (OPM) moves to reform the official caption
to designate the Merit Systems Protection Board as respondent and for an extension of
time to file the respondent's brief.
Bernardita B. Armachuelo filed an appeal alleging that OPM erred in finding her
ineligible for federal health benefits. The Board concluded that it did not have jurisdiction
over Armachuelo's claim because decisions involving the administration of health benefits
are not reviewable by 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 motions are granted. The revised official caption is reflected above.
The Board's brief is due within 21 days from the date of filing of this order.
FOR THE COURT
APR 2 2009 /s/ Jan Horbalv
Date Jan Horbaly
F IL
Clerk U.S. COURT OF A PPEALS FOR
THE FEDERAL CIRCUIT
cc: Bemardita B. Armachuelo
Mariana Teresa Acevedo, Esq. APR 0 2 2009
Joyce Friedman, Esq.
CLERK
s20
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