Case: 14-3087 Document: 17 Page: 1 Filed: 09/18/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JIMMI TYLER REBISH,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3087
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0752-13-0362-I-1.
______________________
ON MOTION
______________________
ORDER
The Department of the Interior (“Interior”) moves to
reform the official caption to name the Merit Systems
Protection Board (“Board”) as the respondent, and for an
extension of time for the Board to file its response brief 21
days from the date of disposition of this motion.
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
Case: 14-3087 Document: 17 Page: 2 Filed: 09/18/2014
2 REBISH v. MSPB
employing agency is designated as the respondent when the
Board reaches the merits of the underlying case. Here, the
Board dismissed Jimmi Tyler Rebish’s petition for lack of
jurisdiction. Thus, the Board is the proper respondent in
this petition for review.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to reform the caption is granted. The
revised official caption is reflected above.
(2) The motion for an extension of time to file the re-
sponse brief is granted to the extent that the Board
should calculate the due date for its brief from the date of
filing of this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s21
