Case: 14-3108 Document: 15 Page: 1 Filed: 10/16/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JOHNNIE LEWIS,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent,
AND
UNITED STATES POSTAL SERVICE,
Intervenor.
______________________
2014-3108
______________________
Petition for review of the Merit Systems Protection
Board in No. CH-0353-12-0349-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 respondent, and for leave
to intervene to protect its interests in this petition for
Case: 14-3108 Document: 15 Page: 2 Filed: 10/16/2014
2 LEWIS v. MSPB
review. The Board and the USPS jointly move for a 21-day
extension of time to file their response briefs from the date
of disposition of this motion.
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 Johnnie Lewis’ petition for lack of jurisdic-
tion. Thus, the Board is the proper respondent in this
petition for review.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to reform the caption is granted. The
revised official caption is reflected above.
(2) The motion for an extension of time to file the re-
sponse briefs is granted to the extent that the Board and
the USPS should calculate the due date for their response
briefs from 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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