Gage v. Merit Systems Protection Board

NOTE: This order is nonprecedential. United States Court of AppeaIs for the FederaI Circuit LEROY GAGE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Resp0ndent, AND UNITED STATES POSTAL SERVICE, Intervenor. - 2011-3219 Petition for review of the Merit Systerns Protection Board in case no. CH0351100802-I-1. ON MOTION ORDER The United States Posta1 Service (USPS) moves without opposition to recaption to name the Merit Systems Protection Board as respondent and to allow the USPS to intervene A1so, the Merit Systems Protection B0ard moves for a 21-day extension of time to file its brief GAGE V. MSPB 2 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 Gage’s appeal for lack of jurisdiction Thus, the Board is the proper respondent in this petition for review Accordingly, IT ls 0RDERED THAT: , The motions are granted. The revised official caption is reflected above. The Board and the lnterVenor should calculate their brief due date from the date of filing of this order. FoR THE CoUR'1‘ FEB 09 2012 /s/ J an Horbaly Date J an Horba1y Clerk cc: Leroy Gage l Melissa M. Devine, Esq. Katherine Smith, Esq. (Copy of Informal Brief En- c1osed) Alice L.A. Covington, Esq. F"_ED U.S. CGUHT 0F AFPEALS FOR s2 1 THE FEDERAL CIHGUiT FEB 9 9 2012 JAN HUBBALY CLERK