Ghannam v. Mspb ( 2013 )


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  • Case: 13-3050      Document: 13       Page: 1    Filed: 03/07/2013
    CORRECTED ORDER ISSUED: March 7, 2013
    NOTE: This order is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    WENDY W. GHANNAM,
    Petitioner,
    v.
    MERIT SYSTEMS PROTECTION BOARD,
    Respondent.
    ______________________
    2013-3050
    ______________________
    Petition for review from the Merit Systems Protection
    Board in case no. DC0841120179-I-1.
    ______________________
    ON MOTION
    ______________________
    ORDER
    The Office of Personnel Management moves to recap-
    tion to designate the Merit Systems Protection Board
    (“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
    Case: 13-3050         Document: 13   Page: 2   Filed: 03/07/2013
    2                                    WENDY GHANNAM      v. MSPB
    Board reaches the merits of the underlying case. Here, the
    Board dismissed Wendy Ghannam’s petition 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 respondent should calculate its brief
    due date from the date of filing of this order.
    FOR THE COURT
    /s/ Jan Horbaly
    Jan Horbaly
    Clerk
    s25
    

Document Info

Docket Number: 2013-3050

Filed Date: 3/7/2013

Precedential Status: Non-Precedential

Modified Date: 4/18/2021