Case: 12-3183 Document: 12 Page: 1 Filed: 12/04/2012
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
NATHANIEL MCDANIEL,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent,
AND
UNITED STATES POSTAL SERVICE,
Intervenor.
__________________________
2012-3183
__________________________
Petition for review of the Merit Systems Protection
Board in case no. SF0353110075-I-2.
__________________________
ON MOTION
__________________________
ORDER
The United States Postal Service (USPS) moves
without opposition to reform the caption to name the Merit
Systems Protection Board (Board) as respondent and USPS
as intervenor.
Case: 12-3183 Document: 12 Page: 2 Filed: 12/04/2012
NATHANIEL MCDANIEL V. MSPB 2
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 this appeal for lack of jurisdiction. Thus, the
Board is the proper respondent in this petition for review.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The revised official caption
is reflected above.
(2) The response briefs of the Board and USPS are due
within 21 days of the date of filing of this order.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s21
