Patterson v. Merit Systems Protection Board

NOTE: This order is nonprecedentia1. United States Court of AppeaIs for the Federal Circuit EDWARD C. PATTERSON, Petiti0ner, ' V. MERIT SYSTEMS PROTECTION BOARD, Responclent. 2011-3209 .. Petition for review of the Merit Systems Protection Board in case no. DE0752890371-C-5. ON MOTION ORDER The United States Postal Service moves to reform the official caption to designate the Merit Systems Protection Board as the respondent. Pursuant to 5 U.S.C. § 7 703(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. We PATTERSON V. MSPB 2 determine that the Board should be designated as the respondent. According1y, IT ls ORDERED THAT: (1) The motion is granted The revised official cap- tion is reflected aboVe. (2) The Board should calculate its brief due date from the date of filing of this order. FoR THE CoUR'r 1 4 /s/ Jan Horba1y Date J an Horba1y Clerk cc: Edward C. Patterson _ Lartease M. Tiffith, Esq. Lindsey Schreckengost, Esq. (Copy of Petitioner‘s ln- formal Brief Enc10sed) s20 Fl E1.3. COURT 0|l5§gPEALS FOR THE FEDERAL ClRCUlT NOV 14 2011 .|AN|'l9RBALY 0LERK