Case: 14-3131 Document: 14 Page: 1 Filed: 08/01/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ALLAN F. MIDYETT,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3131
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-3330-12-0569-I-1.
______________________
ON MOTION
______________________
ORDER
The Department of Veterans Affairs moves to reform
the official caption to name the Merit Systems Protection
Board (“Board”) as the proper respondent, and for a 21-day
extension of time following the disposition of this motion for
the Board to file its response 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
Case: 14-3131 Document: 14 Page: 2 Filed: 08/01/2014
2 MIDYETT v. MSPB
employing agency is designated as the respondent when the
Board reaches the merits of the underlying case. We
determine that the Board should be designated as the
respondent.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The Board’s brief shall be
due within 21 days of the date of this order.
(2) The revised official caption is reflected above.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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