Case: 14-3020 Document: 16 Page: 1 Filed: 01/17/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JOSEPH A. O'DONNELL,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3020
______________________
Petition for review of the Merit Systems Protection
Board in No. CH1221120436-W-1.
______________________
ON MOTION
______________________
ORDER
The Department of Agriculture 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: 14-3020 Document: 16 Page: 2 Filed: 01/17/2014
2 O'DONNELL v. MSPB
Board dismissed O’Donnell’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. The Board shall
calculate its brief due date from the date of filing of this
order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s21