NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-3104
BRYAN E. RACHAL,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
Petition for review of the Merit Systems Protection Board in DC1221080301-W-1.
ON MOTION
ORDER
The Department of Agriculture moves to reform the official caption to designate the
Merit Systems Protection Board as respondent.
Pursuant to
5 U.S.C. § 7703(a)(2), the Board is designated as the respondent
when the Board's decision concerns the procedure or jurisdiction of the Board. In this
case, the Board dismissed the appeal 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.
FOR THE COURT
MAR 3 1 2009
/s/ Jan Horbaly
Date Jan Florbaly
F
Clerk u.s. COURT ID
LE
O F A PPEALS FOR
THE FEDERAL CIRCUIT
cc: Morris E. Fischer, Esq.
Joseph A. Pixley, Esq. MAR 3 1 2009
Sara Rearden, Esq.
JIUV HORMLY
s20 CLERK
2009-3104 2
