Johnson v. MSPB ( 2014 )


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  • Case: 14-3074      Document: 13      Page: 1     Filed: 05/06/2014
    NOTE: This order is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    CHARLES G. JOHNSON,
    Petitioner,
    v.
    MERIT SYSTEMS PROTECTION BOARD,
    Respondent.
    ______________________
    2014-3074
    ______________________
    Petition for review of the Merit Systems Protection
    Board in No. DE-0353-10-0501-B-1.
    ______________________
    ON MOTION
    ______________________
    ORDER
    The United States Postal Service moves to reform the
    official caption to name the Merit Systems Protection Board
    (“Board”) as the proper respondent, to stay the petition for
    review pending resolution of the motion to reform the
    caption, and for a 21-day extension of time following the
    disposition of these motions for the Board to file its
    response brief.
    Case: 14-3074         Document: 13    Page: 2     Filed: 05/06/2014
    2                                   JOHNSON    v. MSPB
    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
    Board reaches the merits of the underlying case. We
    determine that the Board should be designated as the
    respondent.
    Accordingly,
    IT IS ORDERED THAT:
    (1) The motions are granted. The Board’s brief shall
    be due within 21 days of the date of this order.
    (2) The revised official caption is reflected above.
    FOR THE COURT
    /s/ Daniel E. O’Toole
    Daniel E. O’Toole
    Clerk of Court
    s21
    

Document Info

Docket Number: 14-3074

Filed Date: 5/6/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021