Case: 13-3179 Document: 9 Page: 1 Filed: 11/07/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RONNEY L. WHITE,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2013-3179
______________________
Petition for review of the Merit Systems Protection
Board in No. AT0752130542-I-1.
______________________
ON MOTION
______________________
ORDER
The United States Postal Service (“USPS”) moves to
reform the official caption to name the Merit Systems
Protection Board (“Board”) as the proper respondent.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
nated as the respondent when the Board's decision con-
cerns the procedure or jurisdiction of the Board. The
employing agency is designated as the respondent when the
Board reaches the merits of the underlying case. Here, the
Case: 13-3179 Document: 9 Page: 2 Filed: 11/07/2013
2 WHITE V. MSPB
Board dismissed White’s 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 caption is granted. The
revised official caption is reflected above.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
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