Case: 12-3196 Document: 12 Page: 1 Filed: 01/24/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
ALFRED B. CHARLES,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2012-3196
__________________________
Petition for review of the Merit Systems Protection
Board in case no. NY0353110263-I-1.
__________________________
ON MOTION
__________________________
ORDER
The United States Postal Service moves to recaption to
name the Merit Systems Protection Board as respondent.
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
dismissed Charles’s appeal for lack of jurisdiction. Thus,
Case: 12-3196 Document: 12 Page: 2 Filed: 01/24/2013
ALFRED CHARLES V. MSPB 2
the Board is the proper respondent in this petition for
review.
Accordingly,
IT IS ORDERED THAT:
The motion to reform the caption is granted. The re-
vised official caption is reflected above. The Board should
calculate its brief due date from the date of this order.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s21