McDavis v. Merit Systems Protection Board

NOTE: This order is nonprecedential. mniteb ~tates QI:ourt of §ppeals fot !be jfebetal QI:itcuit MARITA C. MCDAVIS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. 2011-3132 Petition for review of the Merit Systems Protection Board in case no. CH0752110065-J-1. ON MOTION ORDER The Social Security Administration moves without opposition to reform the official caption to designate the Merit Systems Protection Board as the respondent. 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. We MCDAVIS v. MSPB 2 determine that the Board should be designated as the respondent. Accordingly, IT Is 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 COURT JUL 292011 /s/ Jan Horbaly Date Jan Horbaly Clerk cc: Marita C. McDavis Elizabeth A. Speck, Esq. Sara Rearden, Esq. (Copy of Petitioner's Informal Brief Enclosed) s20 FILED ••S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT JUL 292011 JAN HDRBALY CLERK