Croal-Manuel v. Merit Systems Protection Board

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit DARLENE M. CROAL-MANUEL, Petition,er, V. MERIT SYSTEMS PROTECTION BOARD, Respondent. 2012-3070 Petition for review of the Merit Syste1ns Protection B0ard in case no. AT0752110612-I-1. ON MOTION ORDER The Department of Transportation moves to recaption to name the Mer'it Syste1ns Protection Board as respondent, and for a 21-day extension of time for the Board to file its informal response brief from the date of filing of this court’s order. Croa1-Manue1 does not consent. 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 CROA.L-MANUEL V. MSPB 2 employing agency is designated as the respondent when the Board reaches the merits of the underlying case. Here, the Board dismissed Croal-Manuel’s appeal for lack of jurisdiction Thus, the Board is the proper respondent in this petition for revieW. Accordingly, IT lS ORDERED THAT2 The motions are granted The revised official caption is reflected above. The Board should calculate its brief due date from the date of filing of this order. FoR THE CoURT -- 0 6 2012 /s/ Jan Horbal_v Date J an Horbaly Clerk cc: Darlene M. Croal-Manuel Joshua A. Mandlebaum, Esq. Calvin MorroW, Esq. (Informal Brief Of Petitioner En- closed) s21 FILED U.S. COUHT 0F APPEAi.S FOR THE FEDERAL C!RCU|`l' APR 06 2012 JAN HORBALV CLF.HK