NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3075
EARL T. BARNETT
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board in PH315H080391-I-1.
ON MOTION
Before DYK Circuit Judge.
ORDER
The Department of Justice moves without opposition to reform the official caption
to designate the Merit Systems Protection Board as respondent. Separately, Earl T.
Barnett moves for a 40-day extension of time, until February 23, 2009, to obtain counsel
and file his brief.
Barnett filed an appeal with the Board alleging that his resignation from his cook
foreman position was involuntary. The Board concluded that it did not have jurisdiction
over Barnett's claim because, as a probationary employee, he did not have appeal rights.
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 Department of Justice's motion to reform the official caption is granted.
The revised official caption is reflected above.
Barnett's motion for an extension of time is granted.
FOR THE COURT
FEB 2 4 2009
/s/ Jan Horbaly
Date Jan Horbaly FILED
U.S. COURT OF APPEALS FOR
Clerk THE FEDERAL CIRCUIT
cc: Earl T. Barnett FEB 2 4 2009
Joan Stentiford Swyers, Esq.
Bernard Doyle, Esq. JAN riORLIALY
CLERK
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2009-3075 2