Case: 14-3001 Document: 16 Page: 1 Filed: 12/16/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
HAMDY ALEX ABOU-HUSSEIN,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3001
______________________
Petition for review of the Merit Systems Protection
Board in No. AT1221110850-W-1.
______________________
ON MOTION
______________________
ORDER
The Department of the Navy moves to reform the cap-
tion to designate the Merit Systems Protection Board
(“Board”) as the respondent in this petition.
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 Board dismissed petitioner’s appeal for lack of
Case: 14-3001 Document: 16 Page: 2 Filed: 12/16/2013
2 ABOU-HUSSEIN v. NAVY
jurisdiction. Thus, the Board is the proper respondent in
this petition for review.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The revised official cap-
tion is reflected above.
(2) The Board’s informal response brief is due 21 days
from the date of this order.
(3) Abou-Hussein’s motion for an extension of time to
file the reply brief is denied as moot. The Board’s re-
sponse brief has yet to be filed. Abou-Hussein should
calculate the due date for the reply brief from the date of
service of the Board’s response brief.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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