Rachal v. Merit Systems Protection Board

NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit 2009-3104 BRYAN E. RACHAL, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. Petition for review of the Merit Systems Protection Board in DC1221080301-W-1. ON MOTION ORDER The Department of Agriculture moves to reform the official caption to designate the Merit Systems Protection Board as respondent. 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. FOR THE COURT MAR 3 1 2009 /s/ Jan Horbaly Date Jan Florbaly F Clerk u.s. COURT ID LE O F A PPEALS FOR THE FEDERAL CIRCUIT cc: Morris E. Fischer, Esq. Joseph A. Pixley, Esq. MAR 3 1 2009 Sara Rearden, Esq. JIUV HORMLY s20 CLERK 2009-3104 2