Carlson v. Merit System Protection Board

NOTE: This order is nonprecedential United States Court of Appeals for the Federal Circuit LISA BROOKS CARLSON, Petitioner, ' V. MERIT SYSTEMS PROTECTION BOARD, Respon,dent. l 2011-3155 _ Petition for review of the Merit Systems Protecti0n Board in case no. DCO353100743-I-1. ON MOTION ORDER The United States Posta1 Service moves to reform the official caption to designate the Merit Systems Protection Board as the respondent, and for an extension of time to file its response. The PostaI Service states that Lisa Brooks Carlson opposes the extension of time. 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 CARLSON V. MSPB 2 the Board reaches the merits of the underlying case. We determine that the Board should be designated as the respondent. Accordingly, lT IS ORDERED THATZ (1) The motions are granted The revised official cap- tion is reflected above. (2) The Board should calculate its brief due date from the date of this order. t FOR THE COURT SEP 2 7 2011 /3/Jan H@rba1y - Date J an Horbaly Clerk t § cc: Lisa Brooks Carls0n Vincent D. Phillips, Esq. Michael Carney, Esq. (Copy of Petitioner's Informal Brief Enclosed) s2O F|LED u.s. count oF APPEALs F0R 11-lt FEoERAL clRculT SEP 27 2011 .|AN|'IORBALY CLERK