Case: 14-3080 Document: 10 Page: 1 Filed: 05/01/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RONALD NEAL BATDORF,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3080
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-11-0461-I-1.
______________________
ON MOTION
______________________
ORDER
The Department of Defense moves without opposition
to reform the official caption to name the Merit Systems
Protection Board (“Board”) as the proper 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
Board reaches the merits of the underlying case. Here, the
Case: 14-3080 Document: 10 Page: 2 Filed: 05/01/2014
2 BATDORF v. MSPB
Board dismissed Ronald Neal Batdorf’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 to reform the caption is granted. The re-
vised official caption is reflected above. The Board should
calculate the due date for its response brief from the date
of filing of this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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