Gregory v. Merit Systems Protection Board

NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit HERBERT E. GREGORY, Petiti0n,er, V. MERIT SYSTEMS PROTECTION BOARD, Respon,den,t. 2011-317s _ Petition for review of the Merit Systems Protection Board in case no. DC0731110018-I-1. ON MOTION ORDER The General Services Administration moves to reform the official caption to designate the Merit Systems Protec- tion Board as the respondent, and for an extension of time fore the Board to file its brief Herbert E. Gregory op- poses the motion to reform the caption 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 GREGORY V. MSPB 2 the Board reaches the merits of the underlying case. We determine that the Board should be designated as the respondent. Accordingly, IT ls 0RDERED THAT: (l) 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. FoR THE CoURT SEP 2 7 lsi Jan Horbaly " Date J an Horbaly cc: Herbert E. Gregory S DeVin A. Wolak, Esq. Clerk lo Calvin Morrow, Esq. (Copy of Petitioner's Informal Brief Enclosed) FILEB s.s. count F ron ms FEo§RAlPd;§'éhlr SEP 2 7 2011 JAN HORBALY CLERK