Case: 13-3003 Document: 12 Page: 1 Filed: 12/07/2012
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
JOHN-PIERRE BANEY,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2013-3003
__________________________
Petition for review of the Merit Systems Protection
Board in case no. DA0752120158-I-1.
__________________________
ON MOTION
__________________________
ORDER
The Department of Justice moves to recaption to name
the Merit Systems Protection Board as respondent. Mr.
Baney opposes.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
nated as the respondent when the Board's decision concerns
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
Case: 13-3003 Document: 12 Page: 2 Filed: 12/07/2012
JOHN-PIERRE BANEY V. MSPB 2
dismissed Baney’s appeal for lack of jurisdiction. Thus, the
Board is the proper respondent in this petition for review.
Accordingly,
IT IS ORDERED THAT:
The motion is granted. The revised official caption is
reflected above. The Board’s responsive brief is due
within 21 days of the date of filing of this order.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s21