Case: 14-3132 Document: 12 Page: 1 Filed: 07/29/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
VICTORIA MILLER,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3132
______________________
Petition for review of the Merit Systems Protection
Board in No. AT3330130715-I-1.
______________________
ON MOTION
______________________
ORDER
The United States Postal Service moves to reform the
caption to designate the Merit Systems Protection Board
(“Board”) as the respondent and for an extension of time
for the Board to file its brief.
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.
Case: 14-3132 Document: 12 Page: 2 Filed: 07/29/2014
2 MILLER v. MSPB
Here, the Board dismissed Victoria Miller’s petition for
failing to demonstrate that she exhausted her administra-
tive remedies with the Department of Labor as required
to establish Board jurisdiction over her claim pursuant to
the Veterans Employment Opportunities Act of 1998.
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 caption
is reflected above.
(2) The Board’s brief is due within 21 days of the date
of filing of this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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